The URL can be used to link to this page

Home My WebLink AboutContract 55405-PM1CSC No. 55405-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents Division 02 - Existing Conditions Date Modified 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised March 20, 2020 32 17 25 Curb Address Painting 32 31 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings - Cast Iron 33 05 13.10 Frame, Cover and Grade Rings - Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-Stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Fire Hydrants 33 12 50 Water Sample Stations 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised March 20, 2020 33 12 60 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethlene (SRPE) Pipe 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 10.01 Attachment A – Controller Cabinet 34 41 10.02 Attachment B – Controller Specification 34 41 10.03 Attachment C – Software Specification 34 41 11 Temporary Traffic Signals 34 41 13 Removing Traffic Signals 34 41 15 Rectangular Rapid Flashing Beacon 34 41 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 34 71 13 Traffic Control 9.i3D 242U rm a: x� ❑Ap_ REE) PRl3P[.15AL Ps�cc I of G 5ECTION b0 42 43 Oe�eloper Awarded Projects - PRpPOSAL F�RM Hanna Ranch Twa IJNIT PRICE BI❑ 6idder's Applicatian Prnject Itcm Infurmatian Biddcr's Pru�psal F3idlist R�m L�nit af 5 c,cifi�aliun ,vo 17cscriptipn r Rid (lnantity tinii Pricc F3id L'aii��• A•4casurt Scrtinn 30, IT f: WATER IZYIPf2 VEMENTS 1 0241.1118 4"-12" Pressure Plug EA D2 43 14 5 1 D7.54 537.50 2 3391.a�Q1 C]uctile lrvn Water Fit[ings wl Restr�int TpN 33 71 i 9 2.1 g,g21.75 20.835.68 3 3311.0261 8" PVC Water Pipe LF 33 11 12 1,977 26.3p 51;935.10 4 3311.0252 8° piP Water, CSS Backfill LF 33 't1 10 40 7g,85 3,194.40 5 3311.U461 12" PVC WaFer Pipe LF 33 11 12 1,070 52.64 58.3P4.86 fi 3311.Q452 72" pIP �hlatsr, C5S Backfill LF 33 1 � 1p 20 4D8.4b 8,168.D0 7 3312.O�a9 Fire Hydrant EA 33 12 4p 3 4,�78.4Q iP,534.p0 8 3312.2043 1" Water Service EA 3312 1 � 81 782.7Q 63.398.7D 9 3312.DD02 Water Sampting Station EA 33 12 50 5 752.71� 3,763,50 10 33'f2.30Q3 8" Gate Val�e EA 33 12 2fl 9 1,282.Sp 11.542.50 11 3312.3aa5 ?2" Gate Valve EA 33 T2 PO 9 �,p7�,fl{� p,�75.Qp i2 3305.g109 Trench Safety �F 33 fl5 1a 3,1p7 p.2� 838.89 13 14 15 1S 17 18 19 2Q 29 22 23 24 25 2fi 27 28 29 30 31 32 33 34 35 TOiAL UNIi I: WA7ER lNtPROVEM£NT5 235,407.&7 a'n• �F r•nRr H vKrrt srA�nnsn rnvsna;;rrEoti srr:crfir,�•rm�: rx�ri:�rr•.�rs -nr��r•.�nrrR ��N:nRor•.n rxnJr.[-es HA\'�A RAti['H Cl5"0 F�arm Verniuntic`ecmber 1.2015 }17.PRC)JE:CTR3G9:�f�.73 413U.202p IJNIT PR�CE BID na3: �3 f )qP - 81 b PkS11�O5.ai. Pxge:of6 sEcrior� vu ax aa Oe�aloper Awarded Projecis - PROPDSAL FpR�rt Hanna Ranch Two Prajcct Itcm fnF'ormatiun [3idlist 1 'Vn. [lcscriptibn T 3331.4715 8" 5ewer Pipe 2 3331.43 i 9 8" QIP 5ewar Pipe 3 333'1,4201 1�° 5ewer Pipe 4 3339.1p01 4' Manhofe 5 3339.00Q7 Epoxy Manhole Liner $ 333i.3101 4" 5ewer Sen�ioe � 3331.�902 4" Sewer Pips, C55 Backfill $ 33Q5.fl109 Trench 5atety � 3361.0�a2 Post-CCTV Inspectiffn 10 3301.0141 I�lanhple Vacuum 7esting T 7 033D.00p1 Conorete Encase 5ewer Pipe 12 13 34 95 1B 17 TS 19 2a �1 �2 23 24 zs 2s 2� zs zs 30 31 32 33 � 35 Bidder's Applicatian Hiddcr's Pro�a1 l:nit ot Spccificatirn� :1lcasur� Sa[;nn ti�. ��d Quantity Unic Prica 6id G'aEuc �RlMPRpV�M NT5 33 11 '10 �� 33 31 1� 33 3i 26 1,fi2p 4Q.37 85,399.40 LF 331'! 1p 870 75.41 65,606.7fl �F 3337 20 ??4 44.Tg 4,859.8Q � 33 39 10 33 39 2� 14 3,fl62.0U 42.8fi8.pp V� 33 39 60 12 421.DD 5.D52.Op EA 33 31 5� 8� 7S6.Op 62,p46.�D LF 33 31 2p 40 44.24 1.769,fi� LF 33 Q5 10 2,60� fl.27 702.00 �F 33 fl1 31 2,6Q0 2.fi9 fi,994.�0 � 33 01 3fl '�4 128.75 T.8D2.5Q CY 03 3� Qa 37 157.5�, 5�$27.5fl .50 rrr�• u� Foxr e�t}Rrx STA�f)rV[i] C[7ti5'PRI�f'TiOti 53'f:['IFiC"AT[Uti I�UC'�;M17Ei!iFS- pf•L'IiL[7P1'R:�11'ARriFD pRf1JF�CTS F•�rm �,'e�sion Cepl�.nha• :. ^-n15 H.4titiA RA1:(�H -fN'O N?' E'ILUiLCTR3�7i59_p2 I y��o: 2oan rso az �_ naP. A�u ranPns.�i PaFe : oC6 5ECTIDN D6 42 43 ❑e�aloper Awarded Projects - PROPqSAL FpRh9 Hanna Ranch i"wa UNIT PRICE BID Bidder's Appli�ation Projcct itcm infoiynation Biddcr's ProppSal F3idli.rt Item I;nit uf' S c�Fication ,�� []�y�ription �' $id [�uaniity llnit Prica Bid �'alu�• �1eau�rc 5 Ltian tin. IT Ili: �RA(N G� IMP QVEMENTS 1 3341.Q201 21" RCP, Class Ifl LF 33 43 1D g1 67.65 3,450.15 2 3341,p362 30" RCP, Class !II LF 33 49 9 p 200 81.2�a 18,25D.40 3 3341.0309 35" RCP, Ciass fll LF 334i 1� �43 t�fi.15 �$,22q.45 4 3347.U4Q2 4Z" RCP, Class III LF 33 4i 10 272 147.2B 4d,fl6b.ZS 5 3349.30p9 42" Straight Headwall, 7 pipe EA 33 49 40 1 3,318.9� 3,319.82 fi 3349.5001 10' Curh Inlet EA 33 49 2Q 4 5.�17.5n 20,070.p0 7 3349.5Q�2 '15' Curb Inlei EA 33 49 26 2 5,798.00 71,596.Ofl 8 3937.09p4 Medium Stone Riprap, dry 5Y 3'f 37 ff0 2p 65.9Q 1,g�g,flp 9 3305.0109 Trench Safety LF 33 05 1� 76g fl.2� 2�5.82 10 9899.DpQT Factary Sform Wye Conne�tion Eq pp pfl pQ 1 0 04 p �Q 11 9999.00�2 7' Wide Concrete Flume with 5teel Pl�te EA ao �o ao � 1 5,463.5�1 5,463.50 12 8999.flp03 VMA7C 354 Permanent �'RM 5F pp p(} pp 225 9.73 2,i89.�5 93 999.00fl4 4' �rap Stqrm J�ncfian Box EA 33 49 1D 1 fi,132.5p fi,�32.50 '14 3349.fl04� 4' Storm Junctian Box EA 33 49 i 6 i 6,13P,5p 6,132.50 15 1S 17 � 18 19 2D � 21 • 22 23 � �4 25 • 2S 27 za as 30 31 32 33 34 35 F TAL N lII: bRA1F! 1MPROV M 146,413.25 ['[fl'DFf[3Ri14URTH S'FA� f]A R� C(7V STR �'C'f I(lti S PF,CI FICA'I�I(]V []l7C [; iA Ei.'ti�l y- prL'I'L,npp R A R'.•�3tf 7r [7 PRnI FC"f S HA h V q Ii Ati C'i i TN� [7 Fixm Version Scptemixr i, 3ry1 S Fi7 PRf]JE:CT H�fiV � sfI.E16 9r�a znzo s�crranr oa a.s a3 �evelaper Awarded Arojects - PROPpSA�, FORM Hanna Ranch Ywo UNIT PRICE B!D Projcct Itcm InFormation Va. ❑cscrip[iun LJNfT I: WATER IMPROVEN1Ehdi5 LlAEl7 II: SAi�ITARY S�WER IMPROVEMENTS 111VIT III: dRAINAGE IMPRQV�MENTS UNI7 fV: PAVING IMPRDVEMEPVTS UNIT V: STREET LiGFETING IMPRDV�MEIV�fS 8id 'Potal 'f'ot�l CunntructEon Bid ['ontructnr a�recs tn cnmple[e N'(IRI{ fnr FItiAL s��x:xxx {��}r�RpCT commenec� to run as pxn�ided in the [;eoeral Cooditione. Title: � � +�-f`czi'4 �r4.� �� G � company: �, �] . �+g �►'��i ��►. ' �. � r ; Address: � �� i �� . i � K..t.s ��'a �� e [9 (► � Signature: � � � �]3L �1.,+:t�t�S�'-c!' ��:�, u.�r - rsrr� Yxc�ros ai. P;4,x G n I' 6 Bidder's Appficati�n i36ddc�s Pro}�asai tiniinf Spceif�ation A7casure Sec[ian 1�0. �id Qlw"fit}` Unit Pricc 6id G'aluc !3[d SummAry 235,407.$7 262.927.5a 146,4i 3.25 644,74$.42 � �enlrndxr-�lars ufter [Ae date wieea the � 4 Wr�i�p'� cin� aF FORT � narH 51'.4ti fl A R I] LYIVSTR Z C'fE[]� SP F+.Cf F�lCATIO'i f)DCI: Ai f:tiT$ - Ilf • V f LOPl:R Ali'q Rni'f ] PA[]71'CP5 H.q;� V r� RA'ti CH TVr'l] F�rm [�ersiun ticptcm6er 1. ^_Of 5 N7. PRO1F•.(T R?(1q:5ft.02 9i3oiznzo 00 12 d7 DAP-BIDPROPOSAL r�g� a orr, SECTION 00 42 43 Developer Awarded Prqects - PROPOSAL FORM Hanna Ranch Two UNIT PR10E BID Bidder's Application Projcc[ [tcm Informalion Biddcr's Proposal Bidlistitcm Uniluf Specifica[iun Uescrip[ion Bid Quanlity Unil Price Bid Value No, Measure Sectiun Nu. IT Y: V { PR VE EN 1 3213.0101 6" Canc Pvmt SY 32 13 13 5,49Q 45.90 251,991.(1p 2 9999.tli304 7.5" Conc Pvmt 5Y 32 13 73 3,970 54,75 217,357,5p 3 32t 1.0501 6" Lime Treatment SY 32 11 29 7,7Q0 3.85 28,105.�0 4 3211.0502 8"LimeTreatment SY 321129 d,iop 3.55 t4,365-OQ 5 3211.0400 hiydrated Lime (tD 32Ibs/sy TN 32 11 29 1dS i75.0� 25,55I].40 3211.0400 Fiydrated Lime Q 42 Ibslsy TN 32 11 29 7g 175.00 13,fi54.0Q 6 9999.0005 6" Conc Pvmt Unreinforced SY Gp 0� qp 1,79[] 55.00 98,45Q.00 7 3213.0302 5" Conc Sidewalk SF 32 13 2D 'k,85p 5.75 l0.637.'54 9999.��[1F, Fum"ishllnstall Sign Post & Foundation 9 wlF2er}ulatory SiRn & Name Biades EA O(] QO CIO ,� 435.00 �,740.pq �q 9999.�Odfi Fumishlfnslall Sign Pps; & Foundation w/ EA 00 00 00 Name E3lades 1 355.00 355.00 11 3477.pp0i Traffic Control LS 34 77 13 1 3.50[}.�0 3,5Q0.�0 12 Q241.1DpQ Remove Conc Pvmt SY 02 41 15 80 25.t1[1 2,040.�(� i3 3201.0614 Cone Pvmt RePair, Residential SY 32 01 29 $p 58.5¢ q,52p.pq 1A 0241.1100 RemoveAsphaltPvmt SY 024115 9S 25.DS7 z.ann,00 �� 3�a�f.0202 Asphalt Pvmt RepairBeyond Defined Width, SY 32 01 77 Arterir�l 96 f 05.�0 1 Q.084.Q0 16 3232.0100 Conc Ret Wall Adlacent to Sidewalk LF 32 32 13 615 40.4Q 2b,�oo.ao 17 889J.00�7 Con to Str Header and Salvage Barricade �q 00 00 00 4 75a.Qp 3.000.0� 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 T I. • P 712.901.4� ci ry oF roii�• wuiarii STANDARf? CONS�'1tUCTION SPFC�FfCATfQN DOl CNI;� I'S - pfiVI�,LOPI?R A�NARDf'D PROJf?CTS fIANNA R�WCHTWO Fonn Vcrs�nn Scpicinhcr I, 3015 HZ pRpJl?CT R10)15P.L2 9/30/2020 SECTION 00 42 43 Developer Awarded Projecls - PROPOSAL FORM Nanna Ranch Two UNIT PRICE BID OU 42 J7 onr-niuraorosn� Poge 6 of 6 Bidder's Application Projcct Itcm Information Biddcr's Proposal Bidlist Ttem Dcscription Unit of Spccification gid Quantiry Unit Pricc Bid Vxluc No. Measurc Scction No� UNIT I� WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Bid 712.901.00 B;a ��ucuij 712.901.00 Tolal Conslructlon 1ild� 712,901.00 W� r �1 44 LcSo[� KK]G i]R'[ 3 4C� Contractor agrees to complele WORK for FSNAL .. after tlle da[e when Ibe CONTRACT commences to run as prnvided in the Gener•al Condi[ions. Tltle: V\ C,e f Q C 5! ��'N � Company: Cf-IR�J'` ��R� �01V1��(ZVG16blV� L.C� Address: � T 2�� G R S4 °S� r v� �� 7� I�x 7� l 7� Signature: CITY' OF FORT WORTH STANDARD CONSTRUCTIONSPGCIfICATION DOC'I;MGNTS• DfVf:LOPLR AWARDfD PRO1fCT5 HANNA RANCH TWO Form Version Sep�einber I, 2015 HZ PROIF:CI' RJ0915D,D2 JI]D:�ZV�V nn a� �� .3 P- R[ C] P RO f�OSAL Psgcivf6 SECTION 4a 42 43 Qe�eloper Awarded Prajects - PR�PQSAL FQ{2M Manna i2anch 7wo UNIT PR1GE BI�] Bidder's Applicatian Prfl�ect ltem Infoimatinn Bidder's Propnsal 6idlist ltcm Unit nf Spc�ification �7L`CL'C3[H3�i] Bid Qusaiity Unit nrice Bid �'alue 'y� AlrasurC SecIton Vo. LfNIT V; STREET LIGHT[NG IMPRDV�MENTS 1 34A1.3fl�2 i2dwy Iltum Assm6fy TY 19 �A 34 A 1 2Q � 2 3.101.fl� 37,212.�fl � 3441.33D� f2dwy Illum Fvundation 7Y 1 EA 3a a1 20 �2 2•228•fl0 26.73fi-OQ 3 344t.324T LED Lighting Fixtllre EA 34 41 iQ i2 255_p4 3,08�.�0 4 34a1.34�! 2-2-2-4 Quadplex Alum Eiec Condu�tor LF 34 41 2Q 3,i35 2,24 7,�22.A� 5 2805.3015 2" CON{7T PVC SCH 8fl (i) LF 26 �5 33 2,230 5.42 i 2,08fi.60 6 2605.3016 2" CONf77 PV� SCH 84 �BJ LF 26 0� 33 905 14.44 }g,488.2Q 7 3441.150"1 �round Box Type B EA 34 41 10 A 8 238A� 952.00 9 10 11 12 13 14 95 �6 i7 18 'f 9 20 21 22 23 24 25 2fi 27 28 29 3fl 31 32 33 34 35 36 37 38 39 4Q 41 42 43 44 TOTAL UNIT V; STREET LIGHTiNG IMPROVEMENTS 104,137.24 r.�rti� nr FnRr wo�cnt STA � DAR U CO^! STAUCT3QN SP E•C i Fi CATiUN DOL'L=ML• N75 - nT.V F S.CJ pF:k .� W A R p E � PRL7J[CTS N:11�,y p RA UCfi �'W l� Form Vers�un Seprember �. :015 H7 PRUIFCT R7f191 �q.�J? 9�3n: z�rzo [Ml i? �1 G��P - BIT] PitL7i�flSAL Page ri a f G secrian� aa ax as �e�eloper Awarded Projects - PR�PdSAL FpRM Hanna Ranch Two UN�T PRICE BID 6idder's Appii�ation PrUJcct [lem Iniornuilion Bid�Ecr's Praposal Bidlis� I[cm lfnit of S�ecific�tinn �Q pcscrip�in� Did Quant�ty ['n�r f'r�cz Rid G'aiuc hlcasurc Scccion ?Ja. UN17 !: WATER IMPROVENfEN75 LfN1T Il: SANITARY SEWER IMPROV�MENTS UIVfT 111; pRAINAGE 1MPROV�M�NTS 11NtT IV PAVING IMAi�QVEMENTS IJNI� V STR��T LIGNTING IIviPROV�MENTS Bid 10q.137.PD Bid'1'nlal� 100.t37.20 Coatrncrur agrecs to eomplctc W'URiC far FI1A[_ +�i� n�ti■ CUVTRACT cnmm�necs to run Aa pro�ided ia [be G�nrral CondiHons. Tiee: Pr�Sident �omP��r: Independ�n# Utility �vnstru�tion, Inc. Address: 5� Q� Valley �r, Fart Worth T�S 1� 9 Signature: �/� � �`� r� _ � Tutai Eo�structioa Bid 1 p0.1 30 worksRg � —$S--eslerdrrr dars aftcr �he datr when �hr C3'P!' f1F F[1R�C N��7RTH STAVD.A RD C6ti15 TR l: ("C] f]N SPE CI F3 C��7TQ14 i)OCI: M f•.N75 -[7t V I:I.C+CFR A YV { ROF.LI Pit93CCTS N At�V A R ANCFi 7W [T Fnrm Vrrs�nn CcFnem6er 1, ?�15 H7PRO7Ft`f R30Vifp.4: [i[1 35 12 E]:�Y PNi[)t!.q�If IC.411C7h 5'l':� I Eh1f'tii ia�e 1 0! 1 �ECTIt)N 00 �t5 12 UAf' — PREQL111[.IFICA"Ti[)N STATFMFN�T Eac:h 8idcier is rec�iiired to crntiplete tlte infc�rmati�zn belc�w� h� itlentifyin�, the preyualilied �otttr�ctars a�7dlor sEil��ontractc}rs ��he»�� tliey i«tertd tn utili�c f�yr tf�e major �vnE�k t}�pc{s) listed, l�i the "M�tj��r Wc7rk 'I�yqe'�hox pravidc the �a�mplete rnajc�r ��rk t�}�e and actual descriptic�n as provided by the Water ne�art��ie�tt fc}r.w_ater a�i�1 se�ver attd T�PW' fnr pa�iEt� Majnr V4'ork 'T'ype V►'aste�vater Mains (a�l si�esy fc�r Ne�� Uevelc�pment usin�, u��e�i cut cc�nytCuctic�n �izelhn�s W'ater Mains [al! si7es} fnr N�►� �ek�elo�mrnt usin�, apen �ut cons€ru�ticm methnds Stonii Urairia�c {�II sil.es} fi�r Ncw De��elciE�ment t�sin� n}�en Ll�t cGm�trurtia�7 ��tethnds C�n��t��act�rlSuhcnEitractor CnrTipai�y NaE�te C.w'. Yn��ng Cni�struction. L.f' C.Vv. Yniin� C'o��structin�i. L.P C.W. Ya��ig Constr«�tion. L.P Prequalificatic�n Expirati�n Datr �13 UI? �3 ! 413[]12021 413�1?[)? 1 'l l�e urtdcrsig�ted hirehy �ertif7cs tliat the �c�nlractnrs andl�r su�cnntr�ctnrs descrihed in the table a6o�e are currently pre�€ualitiect f��r !he v�c�rk types list�d. i31I3Q�;R: C'.1W. Yaun� CrnisTrt��tinEi. L.P. � � r� s. ��, n��. M.ins�eld, TX 7G06:i F3Y: "f�rey 5te�vart � (Signature l [ f'1.1�.; General Manager ❑A 1 E:: I �1►1 II�] �9 �L�I � [i7►1 CITY OF FpRT WORTM STqNDAR� CQNSTRLICTION PRE4LIALIFiCA7iflN STA7EMENT — UEVELDPER AWAROE� PRp1FCT5 prequaiification 5[atement Form Version Septem6er 1.2LI1S 0045 f2 DAP PREQUAL[FICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Ira the "Maior Work '�pe" L�ox pro�ide the �amplete majar work ry_pe a�td a�tual descrptio�3 as �rpvic�ed by the Vdater Department For water aEtd sewer anJ TPW fnr pa�in� Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Concrete Paving Improvements Chris Harp Construction, LLC 12//31/2020 Asphalt Paving Reynolds Asphalt and Construction Company 7/1/21 Pavements Markings and Street Crossroads, LP 11/14/2021 Signs The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Chris Harp Construction, LLC 17388 CR 543 Nevada, TX 75173 BY: Jamey C Burchett � { S ignature) TITLE: Vice President DATE: December 18, 2020 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS _00 45 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 GI1 4i ]: D.�LP P[Lk:L;�AI.iFIi'ATfOT< STr1T}:hEEh'T page l of 1 sEcr�aN oo as �2 DAP - PREQUALIFICATI�N STAT�MENT Each Bidder is required to complete the information below by identifying the prequalified �oniractors andlflr sub�antractors whom thcy intend ta utilize for �he majar work type{s) listed. In the ` �'vla�nr Work T e" hox ravide the com lete ma'or work t e and acnial des�ri tion as ro�ided b the Water Department far water and sewer and TPW for pa�in�. Major Wark Type Cani�acior�Subcontractor Company Naztte PrequalificatiQn Ex iration Date �tr��t L_i��}itE�l�� ]n�j;��i��':r� [�ilit•, Cc�rz�tr[t�ti��n. f>>�. I�-� f�; =31' ] The undersigned hereby certifies that the eantractors and.�or subcontra�tars dcscribed in the tabie abor�e are currently prequalified For the work types list�d. gi�D�R: lndipen�e��t �]tility C'��,tni�€i��i 5 tf19 5��n Vallcr• 17ri�r ��rt G�'�,r�h. I-� ,r, I ] �f fnc. BY: ic ard �'olfe ' ag ature) TITLE: President DATE: � � - I �j - ��jr�`b EI�iD OF SECTI0I�I GT1' OF F�RF WOR3li STANQAR6 CQIYSTRUCTIQN PRE4t1ALIfICAiIpN STATFMEN7 - pEVELQPER AWP7i�E0 PR6JECT5 0045 12 PrequalifiCa[iprt Stalemenl ��15_ORP Form Vrrsion Septembef 1. 2055 ao ns � 6 - i COIVTRACTQR LOAAPLIANLE WITH WORKER'S COMPENSATIQN LAW Page 3 aF 2 � 2 SECTION Op 45 26 C�NTRACT�R C�MPLIANC� WITH W�RKFR'S COMPENSATI�N LAW 3 Pursuant ta Texas Labor Co�e 5ection 4D6.D96�a}, as arr�ended, Contractor �ertifies that it 4 prQ�ides worker's cornpensation insurance coverage for all of its employees employed ❑r� City 5 Praject No. ��Z443. Contrartor fur#her certifies tl�at, pursuant to Texas Labor Cade, 5ectian 6 405.�95{b], as amended, it will provide tv CiEy its suhcantra�tor's certificates of �ompliance with 7 wvrker's compensativn coverage. 0 9 CONTRACTOR: io GW. YQun� Cw4structian, L,F. 11 Zl9 5. SiiE� Ava 1� Company 13 14 15 16 17 �8 19 2Q 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Ad d ress City�Statej2€p TH E STATE QF TE}(AS COUNTY �F iARRAiVT § § ay: ��...5�� Pfease Print} Signature: Title: C��r� � ��I:'._. ..., �Please Print� 6EFORf ME, the undersigned authority, on this day personally appeared �r— , knnwn to me to be the person whose name is subscribed to he foregoing instrument, and a�knowled et4 ta e tha he�s�e executed the same as the act and deed of �. r the purposes and consideration therein expressed and in he capaci herein stated. GI N� N�ER MY HA�ID AND SEAL OF �FF10E this � day af 20 �� Notary Pub i" e e n exas :�' °�� H�LLY H FAUGH i z ��r,i Natary Ip p5454&b2 �y� ' My Cammissian Expires fF p, .� � SQpiQmber x 1, 2023 CITYOF FOR7 WflRTH kpnno Ranrh'fwa STANdAROCpNSTRVCTION SPECIFICATION E70CUMENTS City Project No. IOl4R3 Re�ised Aprif 2, 2014 aa as zb - z CaNTRACTOR COMPLIqNCE WITH WORKER'S COAAPENSATION LAW Page 2 of 2 END OF SECTIDN CITY DF F�RT WORTH NQn�n Ronrh Two STAN�ARO CONSTFtIJCTIUN SPFCIFICATI�N 60CUMENTS Ci[y A�ojer[ Np. 1QZ443 Rerrised Aprif Z, i014 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 2 1 2 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 102443. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. � 9 CONTRACTOR: 10 11 C�L ($ �'i� �oNS Tl�t1C�(Cl�i t�c By: _ �A t'1G C G C3 �(ZC 1�� 12 Company (Please Print) 13 14 _L�] 3�J3 �2 S43 _ Signature: � 15 Address 16 1� N�v��C-I_, T-'K 75"I �3 Title: � 2� ��T 18 City/State/Zip (Please Print) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared �A-�_�;� T C�3 cl 2c 6�� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of C [ CD � v��D�J for the purposes and consideration therein expressed and in the capacity therein stated. �IVEN 1��3ER MY 3�ANa AND SEAL �F dFFICE this 17� day of ,�0 � CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 , � Notary Public in and for the State of Texas ��`'n'r"P'''�•, VERONICA �FhO��h T � 1A... .UA r = ° •� ;�,� Notary Pub�itfy$t�utd'Cdf�f��# : y�. �� Comm. Expires 11-07-2023 '�.,,;;;,,..�`` Natary ID 13224401-6 004526-2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 2 of 2 END OF SECTION CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No. 102443 Revised April 2, 2014 IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a,�omplaint: AVISO IMPORTANTE Para obtener informacion o para some#er una queja: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfiefd Natinnal Insurance Company, andlor dhia Farmers Insurance Cnmpany's tai!-free telephane number fvT information ar to ►nake a complaint at: 1-8�U-243-�21 � 4. You may also write #o Westfield Insurance Car►3�Oany, WesNield Nationai Insurance Company, andlvr Ohi❑ Farmers Insurance Company at: Attn: Bond Claims One Park Circle POBox5�01 West#ield Center, OH 4425'f-5�0'f Fax #33U-887-�84� 5. You may contact the Texas Department of Insurance to obtain infarmation on companies, coverages, rights or complaints at: 1-8��-252-3439 6. You may write to the Texas Department of Insurance, Consum�r Fro#ection 5ection �MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 VIleb: www.tdi.texas.gov E-mail: C s erProt io tdi tex s, v 7. PREMIUM OR CLAIM DISPUTES: Should you hav� a dispute c�ncerning yQur premium or ahout a claim, you should confact the agent, West#ieid Insurance Company, Westfiefd Nafional Insurance Campany, nr Ohi❑ �arnl�rs Insurance Company first. If #�e disptrie is not resa�ved, you may contact the Texas ❑epartmen# of fnsurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not becflme a part or condition of the attach�d document. Puede comunicarse con su (title) al {telephone n�m�er). UsEed puede Ila�rtar al numery de telef�no gratis c!e West�eld Insurance Campany, Westfield National Insurance Campany, andlor ❑�ia Farmers Insurance Cornpany's para informacion o para someter una queja al: 1-8�0-243-�21 � Usted tambien puede escribir a West�eld Insurance Company, Westfield National Insurance Company, andlor Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5�01 Westfiield Center, OH 44251-5��1 Fax #330-887-�840 Puede comunicarse con el Departamen#o de 5equros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-8�0-252-3439 Puede escri�ir al C]epartamento de Seguros de Texas, C�nsumer Pratection Section (MC 111-1A): P.O. 8ox 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www,tdi.texas.gov E-mail: Con�umerPrvtectionC�a,,,tdi.texas;_rLov DISPUTAS 50BRE PRIMAS O RECLAMOS: Si tiene una disputa con�erniente a sv prima o a un recfama, dek�e �omUnicarse �an ef agente, W�s�elr� Insi�rance Cvmpany, Westfield I�ational Insuranoe Campany, o dhio Farmers Insurance Company primero. 5i na se resuel�e la disputa, puede entances comunicarse con el d�partamento �Tpl). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (OG-15) ao ns zs • i CDhFTRACTdR {pMPLIANCE WITH WORKER'S COMPENSATEDN LAW Page I ut 2 � E sEcziv� ao a� z6 CDNTRACTDR CQMPLIANC� WITH W�RICER'S COMPfN5ATiQN I.AW 3 Pursuant to Texas Labor Code Section 4�5.�96ja}, as amended, Contractar �ertifies that it 4 �aro�icfes warker's compensatian insurance �o�erage for ail of its employees emplayed on City 5 Praject Na. 1�2443. Cantractor further certifies that, pursuant to 7exas Labor Cade, Section 6 406.096[by, as amended, it will provide to City its subcontrac#ar's �ertificates of compliance with 7 worker's compensativn co�erage. 8 9 C�N7RACTOR: 1❑ 11 I2 Z3 1.4 1.S 15 17 18 19 2D 21 Z2 23 24 25 Z6 27 Z8 Z9 Independent Utiliry Construction, In�. gy; Richard Wolfe ComFany ase Printj 51D9 Sun Valley �rive Signature: � Address Fart Worth, T}C 76119 City�State�Zip THE STATE DF TE7{A5 CDU NTY nF TARRANT § § Title: President [Please Printy BEFORE M�, the undersigned authority, on this day persvnally appeared Richard Wolfe . knawn to me ta be the persan whose name is subs�ribed to the foregaing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utility Constn3ctian, lnc_ for the purposes and �ansideration therein expressed and in the capacity therein stated. 3El 1 31 TGIV`E�}Nr LINDER MY HANQ AND SEAL QF QFFICE this 1 day af � � 3 2 �LJ C_L_� t� _� , 2��ii 33 ��C ��'""'''� CHR15TkNA GARCIA 3 J � ~P�Y A�8 �� =2;� r��NatBry Puhfic, State Qf iexas 3f ;�;�}�ti Comm, Expires 12-20-2Q2fl r....w. "'�r;°;�,r�` Natary 1D 330944785 CI7Y OF fORT WORT}i STAN DA R � CO NST R L1CTI� N 5 P ECI F i CATIOk �OC ll M E NTS Revised Aprif 2, 2014 � I r �,�'�-- ' - � i�L� I�otary Put�lie in and far the 5tate of Texas Nunna Ranch Twa City Prajert No. 1019C3 Q04526-2 CbNTRACTOR COMPLIANCE WITN WpRKER'SCnMPEhlSA71�N LAW Page 2 of 2 ENQ Of SECTIDN CITY OF FdRT WOR�H NaRna Ranch Two STAN�ARQ COHSTRUCT€O�! SPEClFICATIpN 0(7Ct1MENT5 Ci[y Pra1ert Nv. I0�443 Revised Apri1 2, 2f114 DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA Academy Development 10410 Windermere Lakes Blvd. Houston, TX 77065 DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA Houston, TX 77065 10410 Windermere Lakes Blvd. Academy Development Vice President Louis Trapolino DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA 12/29/2020 DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA 10410 Windermere Lakes Blvd. Houston, TX 77065 DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA Vice President Louis Trapolino DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA Academy Development10410 Windermere Lakes Blvd.Houston, TX 77065DocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA Academy DevelopmentHouston, TX 7706510410 Windermere Lakes Blvd.Vice PresidentLouis TrapolinoDocuSign Envelope ID: F23CE463-C641-43A1-969D-F7C497C345FA12/29/2020 Policy Number: MP19000242 NATIONAL AMERICAN INSURANCE COMPANY GENERAL LIABILITY ENHANCED COVERAGE ENDORSEIVIENT SUMMARY OF COVERAGES The following is a summary of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all terms, limitations, exclusions and conditions of the palicy, except and to the extent specifically stated in this endorsement. No coverage is pravided by this summary. COVERAGE DESCRIPTION PAGE Co�eraqe Extensions Extended Property Damage 2 Expanded Fire Legal Liability to Include Explosion, Lightning and Sprinkler Leakage 2 Coverage For Non-Owned Watercraft Extended to 51 Feet in Length 2 Newly Formed or Acquired Organizations- Extend The Reporting Requirement to 180 Days 7 Knowledge of Occurrence - Knowledge of an "occurrence", claim, or "suit" by your agent, servant, or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the 11 Named Insured has received such notice from the agent, servant, or employee Primary And Noncontributory- Other Insurance Condition 11 Waiver ofSubrogation- Automatic Status When Re uired In A Written Contract 11 Addirinnai Co�erages Limit of Insurance Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence 2 $10,000 A re ate Coverage E- Care, Custody or Control Property $10,000 Occurrence Damage Coverage $25,000 Aggregate 3 Coverage F- Product Recall Expense $10,000 Each Recall $25,000 Aggregate 3 $1,000 Deductible Coverage G- Water Damage Legal Liability $25,000 Aggregate 5 Coverage H- Contamination or Pollution Coverage $100,000 Aggregate 5 (Sudden And Accidental) Increase in Supplementary Payments 7 Bail Bonds - $1,000 Loss of Earnings - $500 Additional Insured Coverages on a Primary and Non-Contributory Basis: • Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required In 8 Construction Agreement With You • Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In g Lease Agreement With You ■ Additional Insured - Managers or Lessor of Premises- Automatic Status When Required In 9 A Written Contract • Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured 9 Aggregate Limits of Insurance Automatically Included- Per Location 10 Automatically Included- Per Project 10 NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission page 1 of 71 POLICY NUMBER: MP19000242 COMMERCIAL GENERAL LIABILITY NA CG 20A 07 19 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made under Paragraph 2. Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability: 1. Exclusion a. is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability The last paragraph under 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, or smoke resulting from such fire, explosion, or lightning,or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 3. Non-Owned Watercraft Exclusion g. (2) (a) is replaced by the following: g. Aircraft, Auto Or Watercraft (2) A watercraft you do not own that is: (a) Less than 51 feet long; and B. The following additional coverages are added to Section I- Coverages. Each of these additional coverages is subject to Paragraph 2. Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability and all other terms, limitations, conditions, exclusions and all other provisions of the policy except and to the extent othen�vise specifically stated in this endorsement. COVERAGE D- VOLUNTARY PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. At your request, and whether or not you are legally obligated to pay, wewill pay for "property damage" to property of others you cause while the property is in your possession or if the "property damage" arises out of "your work". b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, a$5,000 occurrence limit and a $10,000 aggregate limit is the most we will pay under Coverage D for damages because of "property damage". The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 2 of 11 Our duty to pay ends when we have paid the applicable Limit of Insurance in the payment of judgments or settlements under Coverage D. 2. Exclusions a. For purposes of Coverage D. only, Exclusion j. under Paragraph 2. Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability, is replaced by the following: j. Damage To Property "Property damage" to: (1 � Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. COVERAGE E- CARE, CUSTODY OR CONTROL PROPERTY DAMAGE COVERAGE 1. Insuring Agreement a. We will pay for "property damage" in the care, custody or control of the insured subject to the following provisions, limitations and conditions: (1 � Exclusion j.(4) under Paragraph 2. Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability, does not apply to Coverage E. (2) Subject to 5. of SECTION III - LIMITS OF INSURANCE, a$10,000 occurrence limit and a$25,000 aggregate limit is the most we will pay under Coverage E. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. (3) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E., regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". COVERAGE F- PRODUCT RECALL EXPENSE 1. Insuring Agreement a. Notwithstanding Exclusion n. under Paragraph 2., Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability, and subject to the limits shown in the Summary of Coverages, we will pay the "product recall expense" you incur as a result of a"product recall" you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. c. This coverage is subject to a$10,000 each product recall limit and a$25,000 aggregate limit. The most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the policy period shall not be greater than $25,000. d. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage F. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a"product recall". NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 3 of 11 b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product' c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or "property damage" g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your prod u ct". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. I. Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 3. Conditions The following conditions are added to Coverage F. a. Duties In Event of Product Recall In the event of a"product recall", you must: (1 � See to it that we are notified as soon as practicable of a"product recall". To the e�ent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". (2� Take all reasonable steps to minimize "product recall expense". This will not increase the Limits of Insurance. (3� If requested, permit us to question any insured under oath at such times as may be reasonably required about any matter relating to this insurance or the insured's claim, including your books and records. Your answers must be signed. (4► Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. (5� Cooperate with us in the investigation or settlement of any claim. (6� Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 4. Definitions The following definitions are added: a. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage" and (2� Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 4 of 11 (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your producY'; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. b. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred fortemporary locations used to store recalled products. (6) Expenses incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expense incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a"product recall". COVERAGE G- WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement a. Notwithstanding Exclusion j.(1) under Paragraph 2., Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability, we will pay for"property damage" to premises that are both rented to and occupied by you if the "property damage" happens during the policy period as the result of an "occurrence" and arises out of the injurious presence of water. b. Subject to Paragraph 5. of SECTION III - LIMITS OF INSURANCE, the most we will pay underCoverage G. is $25,000 aggregate per policy period. The aggregate limit is the maximum amount we will pay for all covered "occurrences" during the policy period. c. Our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Coverage G. COVERAGE H- CONTAMINATION OR POLLUTION COVERAGE (Sudden And Accidental For Contractors) A. The following provisions are added to Section I- Coverage A- Bodily Injury And Property Damage Liability. 1. LIMITED POLLUTION COVERAGE Exclusion f. under Paragraph 2., Exclusions of Section I- Coverage A- Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 5 of 11 (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." This exclusion does not apply to that portion of any "bodily injury" or "property damage" which is caused by a"pollution incident", subject to the limits of insurance set forth below in this endorsement, but only if the following conditions are met: (a) The commencement time and date of such "pollution incident" can be identified with certainty, and such "pollution incident" commences at a specific time and date during the policy period; (b) Such "pollution incident" is an accident and unintentional release, discharge, emission or escape of "pollutants," is sudden and accidental and is neither expected nor intended by any insured; (c) Such "pollution incident" is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same "pollutants" from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; (d) Such "bodily injury" or "property damage" is not caused or contributed to in any degree by any "pollution incidenY' that commenced prior to the beginning of the Policy Period shown in the Declarations; (e) Such "pollution incident" is discovered or otherwise becomes known to you within thirty (30) days of its commencement and is reported to us in writing within thirty (30) daysafter you first obtain knowledge of the "pollution incident"; (f) Such "pollution incident" did not result from or was not contributed to by your failure to comply with any government statute, rule, regulation, or order; 2. LIMITS FOR POLLUTION COVERAGE: The most we will pay for liability because of covered "bodily injury" and "property damage" caused by one or more "pollution incidents" shall not be greater than $100,000 in the aggregate per policy period. For the purpose of mitigating further "bodily injury" or "property damage" caused by a covered "pollution incident," $ 100,000 may be applied to costs or expenses incurred by any insured for cleaning up, removing or containing a covered "pollution incident" on the particular part of real property upon which the operations of the insured are conducted. This amount shall not be in addition to the limits set forth above, but such amounts shall reduce such applicable limits. When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages or pay such damages or defense expense. This coverage does not apply toCoverage B- Personal And Advertising Injury Liability. 3. NON-EXTENSION OF COVERAGE: The only coverage provided under this policy for liability in any way relating to, or caused by, any "pollution incident" is that which is set forth in this endorsement. 4. DEFINITIONS All provisions of the POLICY DEFINITIONS portion of this insurance remain unchanged except as modified by the following: For purposes only of the coverages addressed in this endorsement, the definition of "property damage" is replaced with the following: "Property Damage" means: a. Physical Injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not physically injured, destroyed or contaminated but has been evacuated, withdrawn from use or rendered inaccessible because of a"pollution incident." c. Any loss, cost, or expense which you become legally obligated to pay, provided that you receive notice asserting such obligation during the policy period or within 30 days thereafter, and provided further that such "loss," cost or expense arises out of: (1) A request, demand or order that any insured or others test for, monitor, clean-up, remove, contain, NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 6 of 11 treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants;" or (2) A claim or legal proceeding by or on behaf of a governmental authority for payments because of testing for, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants." "Pollution Incident" means an "occurrence"consisting of any actual emission, discharge, release, or escape of any "pollutanY' into or upon land, the atmosphere, any watercourse or body of water, or any building or dwelling, provided that such emission, discharge, release or escape results in "environmental damage." The entirety of any such actual emission, discharge, release or escape shall be deemed to be one "pollution incident." "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste and saline substances. Waste includes materials to be recycled, reconditioned or reclaimed. "Environmental Damage" means any injurious presence actually in or upon land, the atmosphere, any watercourse or body ofwater, or any building or dwelling, of any "pollutant." SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: a. To read SUPPLEMENTARY PAYMENTS - ALL COVERAGES b. The following language is added at the end of Paragraph 1. However, we shall have none of the duties set forth above when this insurance applies only for Coverage D., Coverage E., or both, and we have paid the Limit of Liability or the Aggregate Limit for these additional coverages. c. Bail Bonds Paragraph 1.b. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. Loss of Earnings Paragraph 1.d. is replaced by the following: 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including acbal loss of earnings up to $500 a day because of time off from work. SECTION II - WHO IS AN INSURED A. The following changes are madeto SECTION II - WHO IS AN INSURED 1. Extended Reporting Requirements Paragraph 3.a. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. The following provisions are added to SECTION II - WHO IS AN INSURED: NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 7 of 11 4. Additional Insured - Owners, Lessees or Contractors- Automatic Status When Required In Construction or Service Agreement With You Each of the following is an insured: a. Any person or organization for whom youare performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: (1) Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or (2) "Your work" specified in the "written contract" but only for "bodily injury", "property damage" or "personal and advertising injury" included in the "products-completed operations hazard'; However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. d. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Additional Insured - Lessor of Leased Equipment- Automatic Status When Required In Lease Agreement With You Each of the following is an insured: a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury" ,"property damage" or "personal and advertising injury" NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 8 of 11 directly arising out of the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: (1 � The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insuredis required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1 � Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 6. Additional Insured - Managers or Lessors of Premises Each of the following is an insured: a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1 � Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However: (1 � The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1 � Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This coverage shall not increase the applicable Limits of Insurance shown in the Declarations. 7. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Each of the following is an insured: a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 9 of 11 (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: The insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. SECTION III - LIMITS OF INSURANCE A. Paragraphs 2., 3., and 6. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses underCoverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage G. e. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage F. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damageby fire, explosion, lightning,orsmoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added to SECTION III - LIMITS OF INSURANCE: 8. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 9. Aggregate Limits of Insurance (Per Project) NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 10 of 11 The General Aggregate Limit applies separately to each of your "construction projects" away from premises owned by or rented to you. "Construction Project" means "your work" conducted according to a single plan. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following is added to Paragraph 4. Other Insurance: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. Paragraphs 2.a. and b. are replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an"occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" tookplace; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim of "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the Named Insured unless an officer of the Named Insured has received such notice from the agent, servant or em ployee. C. The following is added to Paragraph 2.c.: 2. Duties In The Event Of Occurrence, Offense, Claim or Suit c. You and any other involved insured must: (5) Upon our request, replace or repair the property covered underCoverage D-Voluntary Property Damage at your actual cost, excluding profit or overhead. D. Paragraph 8. is modified by adding the following sentence: 8. Transfer Of Rights Of Recovery Against Others To Us We waive our right to recovery against any person or organization for whom the insured is operating under a written contract when such contract requires a waiver of subrogation, and such contract is executed before the "property damage" or "bodily injury" occurs or the "personal and advertising" offense is co m m itted . NA CG 20A 07 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. Page 11 of 11 POLICY NUMBER: MP19000242 COMMERCIAL AUTO NA CA 09 03 19 NATIONAL AMERICAN INSURANCE COIVIPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCED COVERAGE ENDORSE{IrIENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary index of additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, unless specifically deleted, replaced, or modified therein. No coverage is provided by this summary. SUMMARY INDEX DESCRIPTION PAGE NUMBER SECTION II - COVERED AUTOS LIABILITY COVERAGE Who Is An Insured Broad Form Insured 2 Employee As Insureds 2 Additional Insured Status By Contract, Agreement Or Permit 2 Supplementary Payments Bail Bond Coverage 2 Loss Of Earnings Coverage 2 Pollution Liability- Broadened Coverage For Covered Autos 2 SECTION III - PHYSICAL DAMAGE COVERAGE Broadened Covera e Towin And Labor 3 Physical Dama e Additional Transportation Expense Covera e 4 Tem ora Substitute Auto Ph sical Dama e 4 Extra Ex ense - Theft 4 Rental Reimbursement And Additional Transportation Expense 4 Personal Effects Coverage 5 Personal Property Of Others 5 Locksmith Coverage 5 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual And Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 6 Glass Repair- Deductible Amendment 6 SECTION IV- BUSINESS AUTO CONDITIONS Broadened Covera e Amended Duties In The Event Of Accident, Claim, Suit Or Loss 6 Waiver Of Subrogation - Automatic Status When Required In A Written Contract 6 Unintentional Failure To Disclose 6 Hired, Leased, Rented Or Borrowed Auto Physical Damage 7 SECTION V- DEFINITIONS Mental An uish Included in Definition of "Bodily Injury" 7 NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 1 of 7 (SECTION II- COVERED AUTOS LIABILITY COVERAGE, WHO IS AN INSURED, SUPPLEMENTARY PAYMENTS, POLLUTION) The following changes are made to SECTION II - COVERED AUTOS LIABILITY COVERAGE: A. The following are added to Paragraph A.1.: 1. Who Is An Insured The following are "insureds": d. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership; (2) That is an "insured" under any other policy; (3) That has exhausted its Limits of Insurance under any other policy; or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. e. Your "employee" while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. f. Any person or organization for whom you are required to add as an additional insured when you and such person or organization have agreed in writing in a contract or agreement, but such written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". Coverage provided by this extension applies only with respect to the extent that the person or organization is liable for the conduct of an "insured" arising out of the ownership, maintenance or use of a covered "auto" under this policy. Coverage provided by this extension will not exceed the Limits of Liability required by the written contract or agreement even if the limits stated in the policy exceed those limits. This coverage shall not increase the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. For any covered "auto" you own, the insurance provided under this extension is primary. B. Paragraphs 2.a.(2) and 2.a.(4) are replaced with the following: 2. Coverage Extensions a. Supplementary Payments (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Pollution Liability- Broadened Coverage For Covered Autos 1. Covered Autos Liability Coverage is changed as follows: a. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 2 of 7 b. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. 2. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants'; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 3. Limits For "Covered Pollution Cost or Expense" The most we will pay for "covered pollution cost or expense" is $100,000 in the aggregate per policy period, regardless of the number of "accidents". When this limit is used up, we shall have no further obligation to defend claims or "suits" seeking such damages orto pay such damages or defense expense. (SECTION III- PHYSICAL DAMAGE COVERAGE, BROADENED PHYSICAL DAMAGE COVERAGES) The following changes are made toSECTION III - PHYSICAL DAMAGE COVERAGE: A. Paragraph A.2 is replaced with the following: A. Coverage 2. Towing And Labor We will pay for towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles, we will pay up to $100 per disablement. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 3 of 7 b. For all other covered "autos" we will pay up to $500 per disablement. However, the labor must be pertormed at the place of disablement. B. Paragraph A.4. is replaced with the following: A. Coverage 4. Coverage Extensions a. Transportation Expenses We will pay up to $60 per day, to a maximum of $1,800, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. The following are added to Paragraph 4. Coverage Extensions: 4. Coverage Extensions c. Temporary Substitute Autos If Physical Damage Coverage is provided under this Coverage Form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its: (1 � Breakdown; (2) Repair; (3) Servicing; (4) "Loss'; or (5) Destruction. d. Theft Recovery Expense If you have purchased Comprehensive Coverage on a covered "auto" that is stolen, we will pay the expense of returning that stolen "auto" to you. The limit for this coverage extension is $5,000. e. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto". Payment applies in addition to the otherwise applicable coverage you have on a covered "auto". No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused bytheft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 4 of 7 (b) $75 per day. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (5) If "loss" results from the total theft of a covered "auto" of the private passenger type or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. TransportationExpenses. f. Personal Effects If you have purchased comprehensive coverage on a covered "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "Personal Effects" stolen with the covered "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, "Personal Effects" means tangible property that is worn or carried by an "insured". g. Personal Property Of Others We will pay up to $500 for "loss" to personal property of others in or on your covered "auto". This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductible applies to this coverage. h. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger type "auto". The deductible is waived for these services. i. Vehicle Wrap Coverage Under either Comprehensive or Collision Coverage, we will pay up to $1,000 for vinyl vehicle wraps which are displayed on a covered "auto" at the time of a total "loss". Regardless of the number of "autos" deemed a total "loss", the most we will pay under this coverage for any one "loss" is $5,000. For purposes of this coverage, signs or other graphics painted or magnetically affixed to the covered "auto" are not considered vehicle wraps. D. Paragraph 6.3. is replaced with the following: B. Exclusions 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". This exclusion also does not apply to the mechanical breakdown relatingto the accidental discharge of an air bag. This exception applies only if you have purchased comprehensive or collision coverage on the covered "auto" you own and coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. Paragraph C.1.b. is replaced with the following: C. Limits Of Insurance 1. The most we will pay for: b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $5,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.�1) above; or NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission. page 5 of 7 (3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. F. The following is addedto Paragraph C. Limits of Insurance: C. Limits Of Insurance 4. In the event of a total "loss" to a covered "auto" shown in the Declarations, which is subject to a loan or lease at the time of the "loss", we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments at the time of the "loss' ; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. G. The following is added to Paragraph D. Deductible D. Deductible Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. (SECTION IV- BUSINESS AUTO CONDITIONS,BROADENED COVERAGE) The following changes are made to SECTION IV - BUSINESS AUTO CONDITIONS: A. The following is added to Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss 2. Duties In The Event Of Accident,Claim, Suit Or Loss d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. B. The following is added to Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us 5. Transfer Of Rights Of Recovery Against Others To Us However, we waive any rights of recovery we may have under the policy against any person or organization for whom the insured is working or operating under a written contract when such contract requires a waiver of subrogation. This provision does not apply unless the written contract has been executed prior to the "bodily injury" or "property damage". C. The following is added to Paragraph B.2. Concealment, Misrepresentation Or Fraud: B. General Conditions 2. Concealment, Misrepresentation Or Fraud However, your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudiceyour rights under this Coverage Form. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc., with its Permission, page 6 of 7 D. Paragraph 5.b. of B. General Conditions is replaced with the following: B. General Conditions 5. Other Insurance b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The most we will pay for any one "loss" is the lesser of the following: (1) $75,000 per accident; or (2) Actual cash value at the time of loss; or (3) Cost of repair. Less the deductible shown in Item Four of the Declarations. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". The deductible does not apply to "loss" caused by fire or lightning. This coverage is excess over any other collectible insurance. (SECTION V - DEFINITIONS, MENTAL ANGUISH) A. Paragraph C. under SECTION V- DEFINITIONS is replaced with the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from such bodily injury, sickness, or disease. NA CA 09 03 19 Includes Copyrighted Material of Insurance Services Office, Inc , with its Permission page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work perFormed for the above person(s) or organization(s) arising out of the operations described. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Carrier: Bridgefield Casualty Insurance Company EfFective Date of Endorsement: February 1, 2020 Policy Number: 196-45263 Countersigned by: � � Insured: Chris Harp Construction LLC WC 42 03 04 B(Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI" 00 62 13 - 1 PERFORMANCE BOND Page 1 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 SECTION 00 62 13 1 PERFORMANCE BOND 2 3 THE STATE OF TEXAS § 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 §KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, _____________________________________________________, known as “Principal” herein and ____________________________________________, a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Academy Development, authorized to do business in Texas (“Developer”) and the City of Fort Worth, a Texas municipal corporation (“City”), in the penal sum of, ___________________________________________ Dollars ($_______________________), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA20-0090;and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the _____ day of ________________, 20___, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Hanna Ranch Two. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of 29 C.W. Young Construction, L.P. Liberty Mutual Insurance Company 644,748.42Six Hundred and Forty-Two Thousand Seven Hundred and Forty-Eight Dollars and 42/100 Cents 022227651 006213-2 PERFpRMAN[E BON❑ Page 2 of 4 1 extension of the CQntract that may be granted on the part of the De�eloper and�or City, then 2 this obligation shall 6e and become null and �Qid, otherwise tQ remain in full force and effect. 3 PROVIDEo FURTH�R, that if any legal action 6e filed on this Bond, �enue shall lie in 4 Tarrant County, Texas or the United States Distriet Court for the Northern Qistrict of 7exas, Fort 5 Worth Divisian. 6 This band is made and exe�uted in compflance with the provisi�ns of Chapter 2253 of 7 the Texas Go�ernment Code, as amended, and all liabilities on this band shall be determined in 8 a��flrdance witF� the provisians o# said statue. 9 IN WITNES5 WHERE�F, the Prin�ipal and the 5urety have 51GIVED and SEALEb this i� instrument k�y dufy authvrized agents and officers on this the day of 11 , 20 12 13 14 15 1f 17 18 19 2� 21 22 23 24 25 26 27 2$ ATTE 57: (Prin�ipal} 5ecretary CITY 4F FORT WOR7H STAN �AR � CITY CON DIT I 0 N 5— U E VE LU P E R A W AR DE 0 P RflJ F CTS Revised lanuary 31, 2012 PRfNCIPAL: C.W. Yaung Construciion, L.P. 8Y: � 5ignature �c fi- ` f �5r Name anc# Title Address: Nanna Ranrh Twn City Projer[ Nv. 202443 oo5zi3-3 PERFORMANCEBON❑ Page 3 of 4 1 2 � 4 5 5 7 8 9 1D 11 7.2 �� 14 z� is i� 18 19 �� 21 zz 23 24 2� 2� Z7 28 29 30 31 C as to Principal �Y�I� L(f�� Witness as ta 5urety CITY QF FpR7 WORTH STANOARp CIiY CpNd171dN5 - dEVFLOPER AWARQE� PROJECTS Re�ised lanuary 31, 201Z 210 5. 6th A�e. Mansfield, Tx 76D65 SURETY; Liberty Mutual lnsurance Company �Y: �� -��-� Signat� Brenna Margan-MeGee, Attorney-in-Fact Name and Title Address: 79�� Windrose Avenue Plano, 7x 75024 � sHSUR �ti}p'`oprnk4r"qy[+ a + Fc r� � 1912 � 0 ¢' ys'�qc��uS�yD �&� 7 * hd SeaINo.524a Telephone Num�er: $b5-546-�684 Nannp Rpnch 7wo Criy Proje[t No. 202443 00 62 13 - 4 PERFORMANCE BOND Page 4 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 1 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 2 from the by-laws showing that this person has authority to sign such obligation. If 3 Surety’s physical address is different from its mailing address, both must be provided. 4 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 7 006213-1 1 2 3 4 5 6 7 8 9 10 11 SECTION 00 62 13 PERFORMANCE BOND #118573H THE STATE OF TEXAS § PERFORMANC@ BONq Page 1 of4 § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, 'hri •�- i r cti I , known as "Principal" herein and Wesxf��;�d Insui..�,�ce Cc�m��y _ , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "5urety" herein (whether one or more), are held and firmly bound unto the Developer, Academy Development, authorized to do business in Texas ("Developer") and the City of Fort Worth, a 12 Texas municipal corporation ("City"), in the penal sum of, 13 Se�eii 1 iu�idrec�'fwelvr'1'izous,inel hii�ic f ftiin�rcei Clnc tk [k[}II �1f� Dollars ($ 712 S f} 1.Oa � i 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 16 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number CFA20-0090;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 18th day of��mber , 20 20, which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Hanna Ranch Two. 26 NOW, THEREF,ORE, the condition of this obligation is such that if the said Principal shall 27 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS — D@V@LOP@R AWARD@D PROJ@CTS City ProJe[t No. 102443 Revised January 31, 2012 006213-2 PERFORMANCEBOND Page 2 of 4 1 extension bf the Contract that may be granted on the part of the Developer and/or City, then 2 this obligation shall be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 9 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 10 instrument by duly authorized agents and officers on this the 18th day of nP�emt,er 11 . 20�, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 zs _ GE4 R[ y ,.,1.;�,�� rz��ro&�i T. _.. PRINCIPAL: Chris Har Consiructian LLC BY: G Signature [� v C G � Name and Title Address: CITY OF FORT WORTH Hanna Ranch Two STANDARD CITV CONDITIONS— DEVELOPER AWARDED PROJECTS City Project No. 102443 Reviscd January 31, 2012 006213-3 PERFORMANCE BOND Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 zz 23 24 25 26 27 28 29 30 31 Witness as to Principal As� 1r�lzo �rl anc nc�ou��t anager Witness as to Surety CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 17388 CR 543 Nevada, TX 75173 SU RETY; Westfield Insura�lc� Com an BY. Signature arr tl Wi�isan Altvrne -i��-Faet Name and Title Address: 2255 izi�i e Road 5uite 333 Rockwall. TX 75087 Telephone 972-772-7220 Number; Hdnna Ranch Two Clty ProJect No. 102443 006213•4 PERFORMANCEBOND Page 4 of 4 2 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 3 from the by-laws showing that this person has authority to sign such obligation. if 4 Surety's physical address is different from its mailing address, both must be provided, 6 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS Clty Pro/ect No. 102443 Revlsed lanuary 31, 2012 60G1 Il- i PfsRF()R1vfANCF. R�NI7 Pn�: f nr 2 ��TIC� �Q. ��$�� 1 2 3 4 5 s 7 8 i Id 1[ �2 ]� !4 t5 SECTIQPT Q� G2 13 P�RFnRMANCE BDN❑ THE STATE QF TEXA5 § § �IVUW ALL BY THESE PRESENTS: CUUNTY UF TARRANT § That we, lnde e�idei�# Utilit Constructioi� ]nc. , known as "PrinGipal" herein and WestfeId insuz�ai�ce Cntnpany , a cnr�nrate sFirety(sureties, if �ilnre tl►a�� osie} duly atitl�o2�ized ko do business in tl�e 5tate of Texas, knawn as "S�irety" herein (whetlier ar�e or mare}, are held and tirrn[y botind unto the De�eloper, Academy �evelopment, ai�thflriaed to da business in Texas ["D�veloper") and the City of }�'ort Wartli, a'i'ex�s muriicipal corpnratian {"City"}, in the penal sum af, Dne Hundred Ti�ausanci, One Husidred Thirty-Se�en ❑ollars & Twenty Cents f�lt}4,137.2�� lawfi�l moi�ey c�f the tJnited States, ta be paid in Fari Worth, Tarrani Cou�ity, Texas far the p2yment of wllich suin well and tr�iiy ta �e inade, jointly unto tlie �e�el�per and tlie City as dual obliges, we bind oursel�es, our hei��s, executors, administratars, successors and assigns, joint[y lG and se�erally, firn�Ey 6y these presents. 17 WI-IEREAS, Developer and City Fiave cfitered inta an Agree�i�e�rt Fnr the construcEion of 18 �omm�inity faciiities iii ti�e City �f' Fort W�z•th by and ttiroug�� a CRmmimity Fa�ilities Agreeinent, 19 CFA N�mher 2(}-�490 ; and 2U WHEREAS, the Pri�t�ipal ttas entered int� a �ertain writfen cUntract witii the Develo�er 21 awarded #IZe day af , 2Q_, whi�h Contract is hereby refen-ed tp and z2 mac�e a part herenf for alf gurposes as it�fiilly set Forth herein, to ftu•nish all materiais, equipmenY 23 labor and other �ccessv=�ies defined t�y iaw, in the prosecution of the Work, i�i�luding any Change 24 Orders, as prQ�ided for in said Contract desig�iated as 5treet Lightin�proyements tq,serve 25 Hanna Ran�h Two. 2C N�W, 'I'HLRl��'CIRE, the condition nf tliis obligatian is siicli that if the said Principal 27 shall laitHfully }�erform it obligati�ns under t�ie Cpni�•a�f and shall in a(I res�e�ts d�ly and faithf'�Elfy 28 �erforzn the Work, iri�luding Change Orders, under the Coniract, ac�nrding ta the plans, 24 specifi�atians, and cantract docuriients the��ein refer�•ed tn, and as wefl ciuring any period of 3U extension nf the Contract that may Ue granfed on llie pa:-t al�the Developer andlor Gity, then this 3 F �61i�;atiUn shall be and becan�e null and �vid, otl�erwise to re�i�ain in full force and effect. crry or ror�-r wc�� F� H;�,,,,a i��,��,'�wfl STANURR� C!'rY CONDITIbN5-17EVEi.QPER AWARQEf] PTt[]J�C'f5 City nrojee� No, I[}?443 itr�� isccl J�n��ury 31, 2[T 12 d[}61 l3-? PF:RFURMANCE [30NI7 I�age 2 a!'2 Bond Nfl. Q98371 K I PRUVIUED FURTFI�R, t�tat if any legal actinn be filed oci tfiis L3ond, �enue shal! lie in ? Tarrant Co�3nty, Tex�s c�r lhr Unitccl St�tes C�istrict C:aurt for tl7c Nortliern Clistrict of Texas, F'oit 3 Wortl� Di�isian. 4 This bond is �nade and executed in corrtpEiance wit.h the pro�isions oiChapter 2253 ❑fthe 5 'Texas Go�e�•nment Code, as amended, anc! aif liabilities on this bond siiall be determined in 6 ac�ordance rvith ti�e prn�isio�is Qfs�ici statue. 7 IN WITN�SS WHER�U�`, the Principal anc� the Suz•ety I�a�e 51GNE� ai�d SEAGED this 8 instruinent hy dufy authorized agents and offcers on this the day af , Z�`. 9 I� II 13 13 3� t5 t6 l7 18 14 za 21 22 23 24 25 2b 2 `� 7$ 2� 3t7 3i 32 33 34 35 36 37 38 39 ATTE$� .l 1 i [ inc a[) cretary � � _ ness as ta r'snaipaf imess as to 5urety Gt�l�s Harris PRfNC[PAL: INf)EF'END T UTIL['!'Y C'[]�VS'�'C{ l�N [NC'. B1': 5i t re Rich�rd Wolfe, F'resident � Name and Title AddreSs: 51{39 Sun V�IIe Dri�e Fort Worth Texas 76 i I�3 StJRETY: WESTFiELD fNSURANCE COMPANY r � BY; /: , . ignaturc K le W, Sweene Attorne -in-Fact Name and 'i'itle Address: 555 F�epuhlic Drs�e. Suite 45QTs �'lano Texas 75Q74 Telephone N umL�er: 972-516-2GD0 40 *Nate: if signed �y an offi�er of the Surety Con�pany, there inust be on file a certified exiract 4l fi•om the by-laws showing that t17is person i�as a�ithority to sign such obi igation. [� 42 Surety's physical �ddress is different from its rnailing address, hoth must 6e provided. 43 T�e date of the bond shali not be prior to tiie date the L'ontra�t is awarded. CIl'Y �C ]�Qf�7' W(}R'fl{ Hannu Ra�x;Fi'I'wo STAN[]ARF]Cl'fYCDNDIT��AlS—aEVEL{]PBkAWRRDkiC]PI��JEC'I'S CiryNmj�clNn, 1�72443 Aevised 1ui�unry 31. 2U 12 00 62 14 - 1 PAYMENT BOND Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 SECTION 00 62 14 1 PAYMENT BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS:5 COUNTY OF TARRANT § 6 That we, _____________________________________________________, known as 7 “Principal” herein, and _________________________________________________________, a 8 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 9 Texas, known as “Surety” herein (whether one or more), are held and firmly bound unto the 10 Developer, Academy Development, authorized to do business in Texas “(Developer”), and the City 11 of Fort Worth, a Texas municipal corporation (“City”), in the penal sum 12 of___________________________________________ Dollars ($_______________________),13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 14 payment of which sum well and truly be made jointly unto the Developer and the City as dual 15 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 19 CFA Number CFA20-0090;and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 21 the ________day of ______________________, 20_____, which Contract is hereby referred to 22 and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 23 equipment, labor and other accessories as defined by law, in the prosecution of the Work as 24 provided for in said Contract and designated as Hanna Ranch Two. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay 26 all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the 27 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then 28 this obligation shall be and become null and void; otherwise to remain in full force and effect. 29 C.W. Young Construction, L.P. Liberty Mutual Insurance Company 644,748.42Six Hundred and Forty-Two Thousand Seven Hundred and Forty-Eight Dollars and 42/100 Cents 022227651 006214•2 PAYMEN7 BONd Page 2 of 3 1 This hond is made and executed in Complian�e witYs the pra�isions of Chapter 2253 of the 2 Texas Government Code, as amended, and ail iiabilities o� this bond shafl be determined in 3 accordance with the provisions of said statute. 4 IN WITNE55 WHERE�F, the Principal and 5urety ha�e each SIGNE❑ and SEALEQ this 5 ir�strument by duly authorixed agents and officers ❑n this the day ❑f 6 , 20 7 PRINCIPAL: C.W. Young Construction, L.P. ATTEST: BY: 5ignature 7�r S�e�G�� - � •�� Principal] Secretary Name and Title Address: 2IQ 5• 6th Ave. r ' Mansfieid, T7( 76�53 � I �� - as to �rineipaf I�i�y��l SURE�Y; Li�erty Mutual insurance Company pV ��o URq,L J rG�� T� �+ � 9912 � d',� �sa�KuSti�.�L $�7 * �ta � 6Y: � �'i�` Sea! Na. 5244 CITY �F FOR7 W�RTH Nanna Ranrh Two STAN�ARd CITY CpNI]ITIi]NS - DEVEt��ER AWARd£D PRQ1EC75 C7[y Projert No. 202QA3 Revised }anuary 31, 2012 00 62 14 - 3 PAYMENT BOND Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 Signature __________________________________ _____________________________ (Surety) Secretary Name and Title Address: _________________________ _________________________ __________________________________ _________________________ Witness as to Surety Telephone Number: ________________ 1 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 2 bylaws showing that this person has authority to sign such obligation. If Surety’s physical address 3 is different from its mailing address, both must be provided. 4 5 The date of the bond shall not be prior to the date the Contract is awarded. 6 END OF SECTION 7 Brenna Morgan-McGee, Atorney-in-Fact 7900 Windrose Avenue Plano, TX 75024 866-546-9684 006214-1 PAYMENTBOND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 THE STATE OF TEXAS COUNTY OF TARRANT § § SECTION 00 6214 PAYMENT BOND #118573H § KNOW ALL BY THESE PRESENTS: That we, �, , known as "Principal" herein, and West_field Insurance Com an , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Su`rety" herein (whether one or more), are held and firmly bound unto the Developer, Academy Development, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum Of ticveis l-lun�lrecE'1'welvc'1'hnusand i+line E iiini2red ilne & 00I100 Dollars (,5 7I2 }O 1.Oq �� lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number CFA20-0090;and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 22 the i sth day of i7e�eani,er,_ , 20�_, which Contract is hereby referred to 23 and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 24 equipment, labor and other accessories as defined by law, in the prosecution of the Work as 25 provided for in said Contract and designated as Hanna Ranch Two. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay 27 all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the 28 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then 29 this obligation shall be and become null and void; otherwise to remain in full force and effect. CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONOITIONS — DEVELOPER AWARDED PROJECTS City ProJect No. 102443 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 3 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED thls 5 instrument by duly authorized agents and officers on this the 18th day of 6 December , 20 20 . Id PRINCIPAL: Cli ri�r i ATTEST: c �2�� (Prin�ipa[ ! PR�S fAGN( _�"�4n�r G 6��c�{� V P Name and Title Address: 17388 CR 543 73 Witness as to Principal S U R ETY: Ff r nc �t� an ATTEST: BY; BY: . �' ignature CITY DF FOR7 WORTH Hanna Ronch Twa STANDARD CITY CONDITIONS — DEVELOPER AWARDED pROJECTS City Projecf No. 102443 Revised January 31, 2012 0o ez ia - s PAYMENTBOND Page 3 of 3 1 ��. . (Surety)Secretary Witness as ta �rety Ashley Roberls, I3nnci Account Manager Signature �I .�_ � � i Name and Title Address: 2?S5 Ricl�e Rnac� 5uite 333 �tackwall, TX 75087 Telephone Number: 972-772-722p 2 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 3 bylaws showing that this person has authority to sign such obligation. If Surety's physical address 4 is different from its mailing address, both must be provided. 5 6 r� The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS City Project No. 102443 Revlsed January 31, 2012 nnr,� ia i PAYNfEN'f BC1Nfl Pugc I of 2 Band No. 098371 K I ? 3 4 5 G THE STATE QF TEXAS C�UNTY OT' TARRANT SECTIf}PI [�Q 62 �4 �'AYMENT E3C)NC) § § KNOW ALL gY TH�SE PR�SENTS: § 7 That we. �____ [n�lepende��f �tility Construction,, Inc, , knowi� as "Principal" hereii�, S and Westfie[d Insurance Compai�y ., a �orparate s�rety (or sEireties if more than 9 one], duly aiithorized to do business in ihe State of Texas, known as "Surety" hereiil (wlietfie:� nne IU o�• more}, are held and Fini�ly bound unto the Ue�eioper Academ �evelo Ei�ent BEiTIl01'l2Cd I[} dfl I] b«siness in 'T'exas {"pe�eloper"}, and the City of Fo��t Worth, a Texas �T�uni�ipal cnrporxtion I� ["City"), in €he �enal si3n� oF �ne Hunci��ed 7'��oiisafid��r�e_I-]uncired Tliirty-Seyert [7�1lai�s & !3 Twent,y Cents �$ i QQ11,37.2DJ lawfl�l mor�ey of the L1i�ited States, to be p�id in Fort Warth, i'arrant f4 Counly, Texas, for the �ayment aiwhic�i sun� welI and truly �e made jointiy unta the �eveloper 15 and City as dual o(��i�ees, we bind Q�irsel�es, our heirs, execiitors, adinitiistratars, si�ccessors and Ifi assi�ns,_joiiltly and se�erally, firinly by il�ese �resents: F7 WHEREAS, De�elope�� aizd City i1a�e enrered into an Agreemei�t fa�� the cvnsiructi�n of 18 cammw�ity f'acilities in the City of' �'ort WQ��h, by and through a Community F�cili#ies 19 Ag;reement, CFA Niimber 20-U09� ; and 2� WHEREAS, Principai has eniered sntn a cerfain written Cantra�t with De�eiflper, 21 aw�irdec! l'he day nf' , 20�, wl�ich Contract is l�e:�ehy referred to and 22 made a��art hereof far all purposes as if fL3lly set forth lierein, ta Furi�ish all materials, ec�uipment, 23 la�ar and other accessaries as detined by law, i2i the grosecutiai� of the Wark as pro�ided for ir� 24 sai�! Cantra�t and designated as 5#reet Li�hting Impro�ements to serve Hanna [�anch Two. �5 2G 27 28 29 �n 31 NaW, THEREI+OR�, TI IE CC]NDfTION QF T1�15 DB[,IGA'i'!DN is s�ich that if Principal shall pay aIi �zio,�fcs awing to any [and all) payment t�ond 6enefi�iary (as deiined in Chapter 2253 o#'the Texas Ga�eri�ment Code, as amended) in the prnsecution af tite Wnrk tu1 der I�e Cc�ntract, the�i this obiigatioii shall be and be�ome null and vaid; otherwise to remain in fuii farce and effect. Ci']'Y OP I'L]R"I' WC�R'1"f 1 Ilannn Rnnch Two 5'1'ANE)ARI7 C]TY CC}NC]I'f'iQNS-- DEVELC1F�Cfi AWAR�E� PRp1ECT5 Ciry PmjeciNo. 1{12443 Etcviscd J�nuary 3 f. 2[1I2 OOGI1�1-2 }'AY�+fF;N"i� 80ND P.sge 2 nf Z Band No. Q98371K � 3 4 5 6 7 S 9 ]0 tl 12 13 This bond is �nade an� executed ir� cnm�liance with the pro�isions o�Chapter 2253 ofthe Texas Cio�erncnent Co�le, as amended, a�1d �li Eiabilities nn this bond sl�ali be determined in accordance witl� the pravisions of said statUte. IN WITNESS WHL�REOF, th� Pri�i�ipal and Surety have eacf� S[UNE� and SEALEf] [his instrument by diF�y authorized agents and affi�ers nn tliis the � day ot' , 24_. ATTEST; ( rin�ipal} Se retary . '' ness as to Principal A�rT�sT: �� ....� {5urety} Secretary Prank II. Carrino --� _� . Witness as to Surety Gala Ha�ris PRIi�CfPAL; fNQEPENDE T E1TIL[TY C�NSTR T N ING, BY: � Signatit Richard Walfe. President Name and '['itle Address: S 1U9 Sun Valiex Dri�e Fart Worth, Texas 76I 14 su��:m�: WCS�'F'IEL❑ [NSLlRANCE CQMPANY / � � �R< . �� [C ie W. Sweene Attorne -in-Fact Name and Title Address: 555 Republic Dri�e, S�iite 4Sfl Plano, Texas 7547� Telepharte Ntimbe;•: 972-5 i 5-2bafl Note: If si�ned by an ot'�icer ❑i'th� Surety, there must �e on file a cettitsed extract 1'rom Lhe byl�ws showing that this persa3i I�as authority to sign such ❑bligation. [f Surety's physical address is differei�t from its mai�i�zg address, hoth must be pro�ide�. The date of'ti�e �and st�all not be prior to the date tlie C.ant��act is awarded. FND UF SECTION CI'I-Y U3� 1�UR"I" WUA I'Fi 5TA^i f7AFtI] C€1"Y C[.]NI3i7'fUNS — qF V Gf.UPEA A W AHDGI] PA�1�C'T'S Re�iscil ]anLiary 3 I , 2012 Hannu i{��,;N I"�v� Ciiy ih;,jvci �in. 1{1244a 00 62 19 - 1 MAINTENANCE BOND Page 1 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 SECTION 00 62 19 1 MAINTENANCE BOND 2 3 THE STATE OF TEXAS § 4 § KNOW ALL BY THESE PRESENTS:5 COUNTY OF TARRANT § 6 That we_____________________________________________________, known as 7 “Principal” herein and ____________________________________________, a corporate surety 8 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 9 “Surety” herein (whether one or more), are held and firmly bound unto the Developer, Academy 10 Development, authorized to do business in Texas (“Developer”) and the City of Fort Worth, a 11 Texas municipal corporation (“City”), in the sum 12 of_________________________________________ Dollars ($_______________________), 13 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 14 of which sum well and truly be made jointly unto the Developer and the City as dual obligees 15 and their successors, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number CFA20-0090;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the_____ day of , 20 , which Contract is 23 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 24 all materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 26 the “Work”) as provided for in said Contract and designated as Hanna Ranch Two; and 27 28 C.W. Young Construction, L.P. Liberty Mutual Insurance Company 644,748.42Six Hundred and Forty-Two Thousand Seven Hundred and Forty-Eight Dollars and 42/100 Cents 022227651 00 62 19 - 2 MAINTENANCE BOND Page 2 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 1 accordance with the plans, specifications and Contract Documents that the Work is and will 2 remain free from defects in materials or workmanship for and during the period of two (2) years 3 after the date of Final Acceptance of the Work by the City (“Maintenance Period”); and 4 5 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 6 receiving notice from the Developer and/or City of the need thereof at any time within the 7 Maintenance Period. 8 9 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 10 any defective Work, for which timely notice was provided by Developer or City, to a completion 11 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 12 full force and effect. 13 14 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 15 noticed defective Work, it is agreed that the Developer or City may cause any and all such 16 defective Work to be repaired and/or reconstructed with all associated costs thereof being 17 borne by the Principal and the Surety under this Maintenance Bond; and 18 19 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 20 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 21 Worth Division; and 22 23 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 24 recoveries may be had hereon for successive breaches. 25 26 006219•3 MAINTENANCE B6ND Page 3 of 4 1 IN WITNESS WH�RE�F, the Printipai and the Surety ha�e each 51GNEQ and SEALED this 2 instrument by duly authorized agents and offieers an this the day of 3 ,2Q G 5 6 7 $ 9 ia 1I z2 13 14 15 16 17 18 19 2� 21 zz 23 24 25 26 27 28 29 3Q PRINCIRAL: C.W. Young CanstruCtion, L.R. BY: 5ignature ATTEST; (Prin�ipal} Secretary ! rG � �I�` � �� Name and Title Addres5: 210 5. 6th Ave. � � Mansfield, TJ( 76Q63 ss as to Pri��ipal SURETY: Liberty M�atuaE Insurance Ccampany CITY DF FpRT WpRiH HannQ Ranrh Two S7ANE]ARD CITY �❑NpITE0N5 — DEVELOPER AWARDEQ PRp�ECTS City Project Na. 142443 Re�ised lanuary 31, 2(312 00 62 19 - 4 MAINTENANCE BOND Page 4 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised January 31, 2012 1 ____________________________________ 2 3 BY: 4 ________________________________ 5 Signature 6 7 8 ____________________________________ 9 ATTEST: Name and Title 10 11 _____________________________ Address: 12 ____________________________ 13 (Surety) Secretary 14 ____________________________ 15 16 ____________________________ 17 _____________________________ 18 Witness as to Surety Telephone Number: 19 ___________________ 20 21 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 22 from the by-laws showing that this person has authority to sign such obligation. If 23 Surety’s physical address is different from its mailing address, both must be provided. 24 25 The date of the bond shall not be prior to the date the Contract is awarded. 26 27 Brenna Morgan-McGee, Attorney-in-Fact 7900 Windrose Avenue Plano, TX 75024 866-546-9684 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LMS-12873 LMIC OCIC WAIC Multi Co_062018Not valid for mortgage, note, loan, letter of credit, currency rate, interest rate or residual value guarantees.To confirm the validity of this Power of Attorney call 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.Bryant Ahmed, Sandy Argueta, Bill Ballinger, Paul W. Bower, Samantha Cantu-Crouch, Kevin Claborn, Andrew P. Clark, Colin E. Conly, Aaron T. DeRoss, Rachel Duncan, LaCasha Grimes, Crystal A. Gutierrez, Richard S. Maxey, M. Ross McCormick, Andrew Miner, David W. Morgan, Brenna Morgan-McGee, Jennifer Palmer, Diana Perez, Tomi J. Pope, Candace Reynolds, Mark Rozewicz, Brian A. Smith, Taylor Stonebarger, Hilaria Tijerina, Todd Tschantz, Rossland Weatherall, Alisha Weis Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the “Companies”), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ssState of PENNSYLVANIA County of MONTGOMERY Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: By: David M. Carey, Assistant Secretary By: Teresa Pastella, Notary Public Renee C. Llewellyn, Assistant Secretary By: ARTICLE IV – OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd 2019December .,day of 3rd 2019December,day ofOn this before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 16th day of December 2020 ., Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. all of the city of state of each individually if there be more than one named, its true and lawful attorney-in-fact to make, Plano TX Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Certificate No: 8202677 - 000007 LMS-15292e 9/20 Figure: 28 TAC § 1.601(a)(2)(B) Have a complaint or need help? If you have a problem with a claim or your premium, call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Call: The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint: www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov Mail: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 ¿Tiene una queja o necesita ayuda? Si tiene, un problema con una reclamación o con su prima de seguro, llame primero a su compañía de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en inglés) pueda ayudar. Aun si usted presenta una queja ante el Deparamento de Seguros de Texas, también debe presentar una queja a través del proceso de quejas o de apelaciones de su compañía de seguros o HMO. Si no lo hace, podría perder su derecho para apelar. Para obtener información o para presentar una queja ante su compañía de seguros o HMO: Liberty Mutual Insurance Company Liberty Mutual Surety Claims 206-473-6210 www.LibertyMutualSuretyClaims.com Email: Mail: HOSCL@libertymutual.com P.O. Box 34526 Seattle, WA 98124 Liberty Mutual Insurance Company at Online: En línea: Llame a: Correo electrónico: Dirección postal: El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en: www.tdi.texas.gov Correo electrónico: ConsumerProtection@tdi.texas.gov Dirección postal: MC 111-1A, P.O. Box 149091, Austin, TX 78714-9091 LMS-15292e 9/20 Liberty Mutual Surety Claims www.LibertyMutualSuretyClaims.com HOSCL@libertymutual.com Seattle, WA 98124P.O. Box 34526 al 206-473-6210 006219-1 MAINTENANCE BOND Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 00 6219 MAINTENANCE BOND # 118573H THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Cl�i.is��-��a4n, �,j C _ __ , known as "Principal" herein and Westfield I�lsurance Com an , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more�, are held and firmly bound unto the Developer, Academy Development, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"�, in the sum pf �rvr�a 1•ltfndred'!'wclve Thovsanei 1Vinc i-leuidred C1nc [�+-u411a[1 DollarS (S 71i,9fl1.00 �r lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number CFA20-0090;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 18th day of T�PCPmher , 20 20 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish 25 all materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Hanna Ranch Two; and 28 CITY OF FpRT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Profect No. 102443 Revised January3l, 2012 A 006219-2 MAINTENANCE BOND Page 2 of 4 1 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 2 accordance with the plans, specifications and Contract Documents that the Work is and will 3 remain free from defects in materials or workmanship for and during the period of two (2) years 4 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 5 6 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 7 receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period... 9 10 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 11 any defective Work, for which timely notice was provided by Developer or City, to a completion 12 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 13 full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being 18 borne by the Principal and the Surety under this Maintenance Bond; and 19 20 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 22 Worth Division; and 23 24 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive Z5 recoveries may be had hereon for successive breaches. 26 CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS City Project No. 102443 Revlsed January 31, 2012 006219-3 MAINTENANCE 80ND Page 3 of 4 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the,r 18th day of December 3 20 20 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PRINCIPAL: c Witness as to Principal C:liris I�Iar Constructioii. LLC: BY: G 5ignature �"ft �r G t! W-T' V Name and Title Address: 17388 CR 543 e 5 3 S U R ETY: Wcslticld In��irance Com an CITY OF FORT WORTH Hanna Ranch Two STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project No, 102443 Revlsed January 31, 2012 006219-4 MAINTENANCE BOND Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 �3 24 25 26 27 BY: Signature ATTEST: (Surety) Secretary � � s cy �❑ e t, n� cc:ount anager Witness as to 5urety —,T�xi€tt�i�lson. Attor�gy�Fact T— Name and Title Address: 2255 id e Road Suite 333 Rn�kti��31 TX 75087 Telephone 972-772-7220 Number: *Note: ff signed by an officer of the Surety Company, there must be on file a certified extract from the liy-laws showing that this person has authority to sfgn such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WOR7H STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revlsed January 31, 2012 Hanno Ranch Two City Profec[ No. 101443 General Power of Attorney CERTIFIED COPY POWER NO. 4220012 14 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio IC�ov� Al! Me�� 6y Ti�ese F're5e+�ls, ThaE WESTFI�LU INStJRANCE C�MPANY, WESTFIELL7 iVATIONI�L 1�5URAtVCC COMPANY and OHIQ fARMtRS IN5L1I2ANCE COMPAIVY, corpUia[ians, hereinafler referred [a individually as a"C�7mpany" and co[le�[i�ely as "Campanies," duly organized and exisiir�g undcr lhe laws af �he Slate of flhip, and havmg its principal ❑ffice in Westfield Center, Medina County, �1�io, [{o by these presents rnake, �or�s[ilule and appaint 7pNY FIERRfl, JOhtNNY MOSS, JAY JOR�AAf, MlS�IE BECK, J�REMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JAnitETT W1LL5aN, JACIC FVOT7INGHAM, 1pINTLY Df2 SEVERALLY of ROCKWALL and State of TX its true and lawFul Attorney(s)-in-Fact, with full power and authority hereby cotiferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instrumenEs or contracts ol suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - • • - - - - - - - - - - - - - • - - - - • • - - - - - • - LIMlTRT�ON: TH�S POWER OF ATTQRIVEY CRI�iV07 B� USEb TO E}(ECLITE lVp7E Gt1ARAN7�E, MOR7GAGE f1EFICiENEY, IVIORTGAGE �iE�, OR BANK pEPOS17ORY BON�5.. ��nd to f�ind ar�y o[ ilie Com��anies therehy as fully ancf �o tlie samG extei�t as if sti�h bonds were s�gned i�y �he President, se�led wi�h the cvrporate scal of the appli�ahle Company and d�ly attesied L�y its Secret�ry, herehy ratff�+ing and confirrninr� ��Il tliat �he said Attorney[s}.in-F�}�t may dp in [he preniises, 5aid appointmen� is mad� under and by authvrity of the follow�ng respluEiOn ad��pted by lhe 8oard oF L7ire�ivrs of eaeh of [he WCSTFIEL❑ IN$URANCE CC]MPANY, WESTF']EL� fVFll�lpN,yL liVSURAPVCL C�MPAfVY artd OHIO FARMERS IN5URANCE COMPAi�Y: "B� !r 12esa1vEr1, that the President, any SeniUr ixeeuli�e. any Secrelary c�r ai,y 1=idelily & Sure�y ��era['rons Executive ar o[her Execulive shall be and is herei�y �cst�d with Cull power an[! au�liority [o appoin[ any on� �r mare yuitablE persans �s A[iomcy(sj•En•Fact ta represent and act For and an hehaft of [he Company subjecl ta tl�e fa[lowing pra�is�ons: 7h� R[torneyrn-Fact. may be given fuf[ power and �u�hari[y fUr and ir� tiie name of nntl on q�half nf the Company, tv exe�ure, aGknowfedye and deli��r, any and all bvnds, recogrzizances, coniracls, agrcements qf indemnity and ❑fh�;r �r�rtditivnal or obligatary tinder[alci�gs and any and all no�ices and docurnen[s can�eling or [erminatirtg the Campany's iiahility tf�ereundcr, and siny such in5trunzents sa executecf 6y any such A��r�rney-in•Fac[ shalf be as binding upvn [tie C�nipany as if siqned 6y tlie President and scaled and ��tEested 6y t�e Gorporale Seeretary." "Be it Furrher Resnfvr�d �fial the signatur� Uf any su�li designated E�erson and tl�e scal of the Cvmpany t�ere[o{ore or licr�after affixetl t❑ �ny power of at[orney or any certificaEe re]ating lherelp !�y fa�simile, and any power af atiorney or �ertiiicate �iearinq facsimile signa�ures or facsimffe seal shali 6c valid �nd 4lndinc7 upnn the Con3pany wiih respec! �o ariy hond or undertaking [o whi�Yi i� is a��acFied." (La�h adopted at a m�eti��g hefd on l=ebruary 9, 2Qq0}. I�� Wrtness Whereaf, NIC5fl-lEL❑ IN5l1R1INCL' CpMPANY, WESTi�I�Li7 NATIONA�. IiVSURANCC COMARIVY �nd qHID FARMEf25 INSURANCE CflMPANY ha�e causetl ihesc pres�n�s to �e signed by thcir Natianal 5urety Leader and Seniar Exeeutive and lheir carp�rate seals ta be hereta aFfixed �his D2ncf day af }p�}�ARY A.f).. Z02{i . ��k14�r C Sealste �ti►��4��,�c-•,� ,,.��j�nw��N•,, ,,.�•'jli5��p,� , WESTFIELD INSLIRANCE CdMPANY �� r' ''� �"� . ti•''� �� '' s�'' i� �• '� "!+i'� WESTFIELD NATIOfVFIL IN5L1RAiVCE COMPANY Affixed�`�+r i0� �so �,� �� p': _? ' '�+�` � OHIO FARM�RS INSiJRANCE COMPANY � "'f ��'i.,L � � ; 4: SE' �. �'�" : �..''GH�TFj�fa;�� I�'t �� "N� :m: ; s { �'• T T : r'. rtj r =� ; 1�48 ::3�= �1�. �_..�..____ �,•~�r��wl� � � � � 7 � 4. �s� i Y� i f` � ��* � I •• ••• �r • �fq� ��1f�i��ti'��,•,` State of Ohio "`��' By; ; County oF Medina ss.; Gary W, termper, Nationa 5ure�y Leader and Senior Fxecurive �n ltzis 02nd day vF JANl1ARY A.D., 2p20 , l�efQre me persqnally c�im� Gary W. 5tum�er lo mc knnwn, w{�v, being �y me duly sworn, did depose and say, U�ai h� resides in HartFOrd, CT; �hat he is Natio��al Sure[y Leader and 5eniflr Executi�e aT WES'fFIELD INSUE3A�lCE Cd��'ANY, WESTFIEL� l�A7lONAl� iN$Uf3�NCE CdMP�NY and pHIQ f'ARiv�LRS ITiSUI�AAkCL" CDMPANY, lhe �ompanics deseribed in and which execu[ed the a�v�e inslrumen�; tha[ I�e knows th� s�als af said Corttpanies; �hal tl�e seals affixed �a said ins�rumenE are sucfi c4rporate seals; tha� lh�y were sa affixed hy arder vf tt�e [3oards of pireciors of saiG Comp�nies; anrJ iha� he signed hi5 name tlierGro 6y like order. N4larial ,.�,,,,,,,,,,.h Sea I t"� � A L "''+,, � Affixed ,�P,.•••""•• S '�; �:: ��1V1�� .,�� '�— -. r State of Ohio •,� ,� ��d David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: �:: � r �,�,,,. My Commission Does Not Expire (Sec, 147.03 Ohio Revised Code) ,. �' o � .. I, Frank A. Carrino, 5ecrcc�ry vi WE5'f'f ILLC� INSL1i2ANCC C4MPANY, +N[STFIELD NA7IDNAL fNSURANCE CflMPANY anrJ OFIfD FARMERS lNSiJRANCL" CCIMP/1NY. dn tiereby certily tha[ [he a�ove and foregaing is a true and carrec� cflpy pf a Pawer of Attorn�y, exealt�d 6y said Cam�anies, wl�icti is still Pn full Force and efF�ct; and furlhermarc, the resolutians of the Baards af pirecEors, set ou� In �he f�pwer of At�orney are in iull foree ar�d effect. ln Widr+ess NVh�r�o� I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 18th day of Decemhcr A.D., zp?0 . ..r��'...... ..��ti�� .,,� }� �3UR,��r�. ,,,.•��.��(�tJAi.I�S,. �4 r•..��.,��;4� : ❑,�a.� ��:� r jr►7L�1� � ti � t� '. iJE2'll�.• �' �`�� '• ' p: � ~ '�"� ..*. �'� .�„�� -•.;•� � y �:��rE�,�a �3 � � � � J aMil�Qly j; 1�48_•�= "�'••.�:.•• b,,.= Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) p11 b2 19 - E M��IN'3'�N,ANCE [3�ND Page I of 3 B�nd Na. Q9$371K i � 3 4 5 r � THE STATE �F TE3�AS cvu�vTY o� TAur�rrT ��c•r�vN �a 6z i� MAiN'['ENANCE B�NU § § KN�W A1�L SY TH�SE PRESEPITS: § 8 'ihat we [cidependenF Utility Construcrion, [nc. , known as'`Pri��cipal" herein and 9 Westtield liisurance Company , a cnrparate siirety (surelies, if'rnore than one} di3Iy IO authorixed ta do business i�� the 5tate oiTexas, knowzi as "Sui�ety" herein {whether oiie or mare), I I are held a:id frmly haund unto tl�e De�elope�-, Acade�ny De�elopment, autliarixed to do busii�ess 12 in "!'ex�is ("Dcveloper"} and tl�e City af Fort Worth, a Te�as rn�inicipal corporatian ("City"}, in 13 the s�im of L7ne H��ndrec� Tho�fsar7d One ��ui7dred Thirt -Seven �oliars &"['went Cenis 14 {�]D4.137.2fl] lawf�sl mrn�ey of the United 5tates, ta be paid in Fort W�rti�, Tai��ai�t County, 15 Texas, for payment of which s��m well and trt�ly he macie,jnintly unto the De�elaper and the City [& as du�l obligee� and their siiccessars, we bi�id nurselr��s, aur h�irs, executors, adrr�inistrators, 17 successnrs ai�d assigz�s,_jaintly and se�erally, firmly hy chese pres�:nts. � I9 WHEREAS, De�eloper ai}d City �ia�e enterec� into an Agreement for tl�e coi�s#ructian of �D coinmiinity facilities in thc City of Fort Woitll by ar�d thro�ig€� a Commur�ity Pacilities 21 A�reement, CFA Number 2Q-009g ; and 22 WHE.REAS, the PrinGipal t�as entered into a ccrtain writte�i coniract wit�z the De�elc�per �3 awarded the day ot , 20�, w}iich Cnntract is hereby referred #o anc� �4 �i made part IZe�•cai' for all p�irposes as i1'fully set fortii herein, to Fu��nisl� all ii�aterizls, equip�nent 25 la6or a��d ath�r ac�essories as defined by ]aw, in the proseautian ofthe Work, including any 26 Work resulting from a dtfly authorized C'han�e arder {colleGti�ely herein, the "Work") as 27 pro�ided for in said C��itr��ct and clesigi�ated 1s 5treet L,igliCin� lrr�pCovatne=tCs to ser�e Hanna 28 Ranah "fwo; and 29 3Q 31 �2 33 34 WHEREAS, Principa[ binds itselfta use such materials ai�d tn so c��lstruct the Wark in accordance w[th the plans, specifications and Cont��aci �ocinnents Eiiat the Work is and will rcm�in fi�ee fram defe�is ii� rnaterials oi� warkmanship far and dui�in� the periad of�two (2} yeurs after the date of Finai 11c�epiancc: at� the Work �y the City f"Maintenance Perioti"}; an�} CITY QI� F�RT W(]I2TH i3nimu Rnnch Twn 5"['AN �Aiia �ITY CC]NU['1'IUNS — iJE: VEL�PEft A W ARi]ED PRCIJ ECTS Ci�7� Prujcct hfo. 1 fl244 3 Rc�•isecl ]:�nuary 3 �, 2012 O[15? I9 a MAIN'S'L-'NANC°F 13[}NC3 P�tge ? uf'3 Bond No. fl9$37 i K I WHEREAS, Prii�cipal bincls itselitr� repai�� or eecot�struct thc Wcrrk i�� whaie or in part � �E��nn rec�ivir�� notice fram tiie Dereloper andlor City of the n�ed thereof at any time wi[hin tfie 3 M�intenance Period. 4 5 N�W THEREF�R�, the �andition of this n�ligation is such that iF Principal shall 6 s•emecly any defective Work, for wl�icli titi�ely r�atice was pro�ided by D�:�eloper or City, to a 7 coniplctio�� satisfa�tory to the �:i[y, the3i this ok�iigatio�i sila�l become null and �t�id; otherwise to 8 rema�n in full fprce and ef�'ect. 9 !{] PRUVIDED, H�WEVER, if Principai sha33 fail sfl tn i�epaiz� or recnnstruct any �in�ely I I notice� defccti�e Work, it is agreed that tl�e �e�elc�per nr City may cai�se any and al! such �? defecti�e Wnrk tn he re�aired ar�dlor re�onstru�ted witii all associated costs tliereof bei�ig bvr��e f3 by il�e �rir�cipal and the Surety tn�c�er liiis Maintenan�e Bond; and l4 15 PROVIDED FLIRTHER, tl�at if any legal a�tion be tiled ori tiiis Bond, venue s�iall lie in IG Tarrant C:ounty, Texas or ti�e [Jnited States ❑istrict Caurt fnr the Nortlzern District o�Texas, Port [ 7 Wo�th Dir isio�l; and l8 I9 PR�VIDED FURTHER, tliat this obligation shail be c�ntiniiotEs in nature a�id 24 successi�e recoveries may be l�ad liereon for s�i�eessi�e breaches. z[ 22 23 CZ'1'Y UI� f�Olt"f' WQR'i�Ei E•lanc�a Ranch i'wo 51'ANQAREJ CI'fY CQN�lT]{1N5— �EVELOPEH AWAR�ED PRalCCTS Ciry Prc�.j�rt Nn lQ2d43 Revisrci faiuiar}• ] 1, 2f} ] 2 i1[} b2 I 4- l MAINTC:NAVCE 6dNU i�age 3 0l'3 Band No. Q9&37I K IN W[TNESS WHEREOF, the Pri��cipal and the Surety ha�e each S1GNE� and SEALC� tl�is instiument by duly a�itha3-ized agei�is as�d o�ficers on this the day ui , 2�_ 4 5 G 7 8 �a iD Il 12 l3 14 IS l6 l7 IS l9 ?p 21 22 23 2� 25 2G 27 28 �� 3U 31 32 33 34 35 3G 37 38 39 4f} 41 AT'� 5 � 1 � ��r [ rincipaf} 5e etary I i�t� � ness as to Principal ATTEST: �� .a ( e Secret Frank A. Carrinu V� WiEness as to 5 r Galn rlarris PRfNCIPAL: INDEPEN NT UTII.ITY C�NST IDN INC. f3Y: 5ignattire itichard Walfe, President i�fame and Title � Address: 5] DLJ Sun Valiev I7ri�e Fort Worth, i'exas 7� I I9 StlRETY: WESTFIELD iN5URAIVCE COMPAIYY -� BY: � _.. �gna e� [tyle W. Sweeney, AL[arney, in-Fact Namc 1nd Titic Address� 5�5 Republic prive, Suite 4Sfl Plano, i'ex�{s 75074 TelephviieNu�ziber� 972-5IG�2GQQ *Nvt�: [f signed by an Qf��er of the 5urety Company, there must be an file a certified extract froni the hy-iaws s�owing that this persan has a«thority ta sign such ❑biigat'son. if S�uety's physical a�idress is dil�'erent frarn its maili��g acidress, �oth must be E»�o�ided. The date vf tl�e bond shal� i�at be pt'ior co the date the Cq�itract is awarded. L:i'I'Y []I� I�t)1�'I" WUR'I'fd STA�IQAf{f3 C'I'i'Y CDAfl71'I'lONS — DEVEI_�PER RWARI7EL7 PRQ7EC'"1'S Revisec! Janiiary 31, 2i312 F[nn�ia Ranc]i Twn C'ity Yrnlc�t Na. IQ2d43 TIIIS p6WEN OF Rl IUF{N�Y S{1F'�(tC.Fp�S ANY PRFVIOUS �'C}WER 8L•AFiirvti IlfE' �HMr p4WEH � ANO lSSIJE❑ pRIOR 7D a4170111, FOR ANY pfRSON �E� 13L:E25ON5 NAME€3 6ELflW. General Power of Atto rn ey CERTIFiED CDPY POWEF2 �iL�7. 4224a52 b6 NJestfeld Insurance Co. Vllestfie�d N�#�ona! insurance Co. �hio Farmers Insurance Co. Wes�field Genter, ❑I�ia Yfrraw Alf Men by �hese I�rese�rts, That WESTFfELU IMSI}ftRHC� GaMPAkY, WCSTf-l�l.C7 NATiC7ivAl. Irv:1iRI��CC CC]M1f'IINY �nd C}H�fJ FARMECtS INSIlRAN�F COAAPIINY, r.nrf�orations, here�naftr:r reierred ta iriciividu�fiy �as �"CUmpany" and cokse�[iv�ly as "Companies," rluly nlganiZed and existing under tlie faws of lhe State ❑f C1hio, anci Iia�iny r[s prr�l�iF��l offir..P in W�St1iPlrJ Crnle:, MF:drna Cn�inty, C7hip, cln hy these prescnis rnakc, eo��s#it�te antl apF�o�nt Cf1RRLE5 D. SWEENCY, MICHAEL A. SWE�NEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY �R SEVERALLY af FdRT WORTtI Farrri State of T7C ifs Irue a�id faw{uE A[tnrncy(5)-in-FaCI, with i�fll pnwr:r arrd �ii[linrily h�rehy cc�nFerred in its �ame, place and sfead, fo execute, ackr�oWle�r�e and de�i�er ariy and aii honcls, recagnizances, �andertakings, nr otl:er ins[ri[rnenFs or conlracts of suretyship- - - - - - - • • - • • _ - - - - - - - - - • - - - - - - - • • - _ • - _ • - - _ • • - - - - - - � - - - • - • - - - - � . LIMiTR7iON; THIS PqW�R ❑F ATTORNEY CAlJNbi BE L15E❑ TO £XECLITE NOTE GL1AfiANTEL, MOR1"GAGE ❑EFICIEHCY, MOR7GAGE GUnRAN7EE, QR 6AHK DE�QSlTDRY E3dN�5. and tn bind any nf the Companies ther�hy as f�ally and [a the same oxEent as it su�{1 bonds were signcU t�y [he Pres�den�, sealer� wilh [Y�c: corFxrr�t[e sea� of thc a{�p[ir,�ble Company and duly altested l�y rts Se�reFary, h�rehy ratifying a3id confirm[ng a!i that �he 5��ici RltarneySsj-ir�-FacE may c�o in t]ie premises. 5aid appninErnr�n� �s made under and by au[liority ❑f tl�e foliowin�] rosalu[ion ar]op[eti hy [he E3oaid ol Dir�cLors of e��h af tlze WESTF1Cl_D liJSURANC� COMPnhlY, WESTFIELQ NIITIC]�f/1L INSURANCF CUMYANY and L7HIC7 i AftMLItS INSL3R11NCE, C:�MPANY: "Be ft Resolved, tl�al Llie President, ariy Ser,iar Cxeculi�e, any Secretary or any f-idelity & S�rety Opera[ions tixecu[i�c or ot#�er Exc�uti�e s��all de anG is hereby �es[ed with full powcr anr! aulhorily [o aE�point ar�y vne ar more suita6lc persans as Aitarney[s)-in-Facl [o rcpresent and ar:l [or and on hehali vf Ihe Company su�ject [o lhe Pollowii�g pr��isiuns: 7 he lllforney-fn•Fact. may F�e gi�en lull pawer ar�d autt�prity Fnr snd iro tlie name of and on l�el�ai[ oi the Con�}�any, to r.xecufe, acunowledge arid deliver, any and al1 bond�, recngnicances, �ontracts, agreements vf ihdemni[y and other conditinnal ar a��ligatpry under[ak�ngs and any and ail nptir.Ps ar�d �ocuments �ancciing or [erminating the Campany's Eiahillty thereuricler, and any sucf� irlsirur�i�rl[5 so ex�ac:«tecl 6N any sucl3 Attorney-In-Fact shalf h� as hinriir�r� upvn Flie C�rr�pa��y as if signed by thc Presiden[ and s�aled and aites[od hy thc; Corparate Se�ret�ry." "Be ri Further Resolved, Ehat the signature of �ny such [fesignate0 person and the sea! of the Company heretaFore or hereafter atfixed [o any pawer of attorney or any certi€icate relating ttiereto by facskmiie, ar�d any power of attorney qr eerti[icate bFaring facsimile signa[ures or facsrmile seal shail tie �alid and binding upon thr: Campany wi[h resper,t ta any han0 or undertak[ng to whieh if is attaelzecl,' [�ach adnpted a[ a meeting held an Fe�ruary 8, 2o0a}. In Witness Whereof, WESTFiELQ INSUf�ANCE CDAAPANY, WEST�I�La NAFIDNAL INSURANCE CDIu4PANY and UMIO FARMERS INSURAf�CE COMPANY ha�e caused lheso presenfs tv he signed by their Seniat• ExecuS�e an� their �arparate seats [o be hereFo af[ixed this 2tlth day of APRIL A.D., 2031 . Carparatc �r ,��x'^'ry,,,4 Seafs �I��r , •••• �C� s� AHixed �vr .ev �'c p . ti 4 w � ��.�.L roA �q�r .,�, rae+ ��.�. 5tate of QhEo "'-""' Cvunty of Mc:dfna ss.: , ,��c�ra,fiL .�,ysG . :' �:' '•."P : 'u,; �z: : u� ; SE�� ; m = �7�•. '.�� ••* . iiisii''►�;� r ��ARTf� �� fQr�' '� � �84i3 �*�: �w...,��.��. WESTFIELD INSURAHCE CdhAPA�iY VilESTFI�I.�] NATIQNA�. IN5lJ#�AHC� C�MPANY ❑fiED FARM£RS 1NSLlRANC� C�Iv1PAN1' � !' � ` , . By: Richard L. Kinnaird, Jr., Natiorrar 5urety Leader and Scrrrar Executi�e On tt�is 2Qth 8ay af APftl� A.p., 2011 , befnre n�e persanalty came Ricliarcf L. fCin�iaird, Jr. to me known, who, being by me duly swarn, did depose and say, tiiat he resfdes"fn Madina, ❑hia; that he is Senior Exe�uti�e af WES7FfEl.D IHSURANG� CdMPANY, W�5TFfEL� NATfONAL ITJSLf1�ANC� COMPAMY and OHI� FARM�RS IM5URAhCE COMPANY, the campanfes Aestrlbed in and which executed ihe abave lnstrumer�f; that he kr+ows tha seafs of said Companies; that the seais aKixed to safd instrument are such corporate seals; tha! they were sa afTixed 6y order af the Bnards af pirecEvrs vi saEd Companies; and that he slgned his name Yhereto by like order. Notarkaf ,,,..»��»�H�w� . Seal �� lA� � � Arrx�a '�PR 1i111 �`s y o:��- /i p� z: � �* �'- r . ^--� • Wiliiarn J. ICattefin, A rney at Law, Notary Public State af Qhia : �l+ J��v AAy Commission �oes Not Expire ZSec. 147,03 Ohifl Ra�lsad Codej County of Medlna ss.. �:s y ��`_ r� � � a.� � I, FCank A. Ca1'rino, Secre[ary af W�S7FiEL[] ENSLIRANCE C�NiPAhfY, WESTFiELD NAifaNAL INSURANCE COMPANY and �NID �AR�AFRS INSURAMCE COAAPANY, c!a herc:try certify that tha abave and fnregaing is a true aad carrect �opy oT a Pawer of A[torney, executed 6y said Campanies, whicl� is stilf i� full tor�e �nd etfect; and fu�thermore, the resolutlons al [ha 8oards af Direetors, set vuY in the �ower oi Attorney are in fufl force arrd etfed. In Wrtness Whereof I have hereunto set my hand and a�ixed t�1e seals of Sald Car[zp��i� at Westf«Id Cent�r, Ohfa, tliis day af �F'' ��jY ��"%F ;: •'�Z�C7NA� �I,�'••. �� f'' � �+ ' p % ' .SG� : k`.vr �.�:�x..• S �} ,��,� nT � t�'. �e �I.�.S7.� =,h � � �n : SEl11� ; m c �� ''�_�Y � �=�: •p' �� *,,.� r: �8�:8 ; • � _... ' . �� A � � i �+..q Sccretary Frank A. Carrinv, 5ecre[ary BP�AC2 [comhinedj [U6-p2) IMP�R�"ANT NflTICE To ab#ain informatian ❑r make a complaint: You may call Westfielci Insurar�c� Cnmpany's andlor Ohia Farmers lnsurance C�mpany's toli-free telephone number far infarrnafian or to make a camplaint at: '! -804-368-3597 You may also write ta W�stfiel� �nsurance Company andlor ahio Farmers InsuranGe Company at: 555 Republic Orive, Suite 450 Plano, Texas 75074-8848 Y�u may cQntact the Texas Departmer�t of insurance ta ak�tain infarmation an �ompanies, coverages, rights ar c�mplain#s at: '! -$0�-252-3439 Yau may write the Texas Depar#ment of I nsurance: P. O. 8ax 1491 �4 Austin, TX 7$71 �-91 d4 Fax: {512} 475-�771 Web: http:llwww.tdi. state.tx. us E-rr�ail: ConsumerProtection tdi.state.tx.us PREMIUM QR C�AIM DISPUTES: St�ould yau have a dispute concerning your pretnium ❑r abaut a �laim you shouid cantact the agent ❑r Westfeld Insurance Company andlor ahia Farme�s Insurance Ca�napny first. If the dispute is not resolved, you may �ontact #he Texas ❑epartment af Insurance. A77ACH THIS N07fCE TO YDUR P�E.ICY: �his noti�e is for infarmati�n Qnly and dQes nat #�ecome a part or condifian ef the attached dncument. AV1SD IMP�RTANTE Para ❑b#erter informacion o para someter una queja: lJsted puede ilamar ai numero de t�lefano gratis de Westfieid Ins�rance Cam�any's 1�hi❑ Farmers Insurance Company's para informaciar� o para sameter una queja ai_ 'l-80�-388-3597 LJsted tambien �uede escribir a Westfieltl lnsurance Campany 1 Dhio Farrners Insurance Company: 555 Republic Dri�e, Su'tte 450 Plano, Texas 75074-8848 Puede camunicarse can el Departamenta de 5eguros de Texas para abtener informacior� acerca de campanias, cabe�turas, derechos o quejas al: 1-8f]0-2�2-3439 Puede escribir al Departamenta de 5eguras de Texas: P. �. Box 14g1q4 Austin, iX 78714-9104 Fax: (512} 475-'f771 Web: httr�:llwww.tdi.state.tx.us E-mail: ConsumerPratectionCc7r,tdi.stat�.tx,us OISRlJTAS SOgR� PRIMAS � RECLAM�S: Si tiene una disputa concerniente a su prirna o a un reclama, debe camuni�arse con el agente a Westfield Insurance Cam�any I Dhio Farmers Insurance Cflmpany primero. 5i na se resuelve la disputa, puede enfonce� comunicarss con el departamento (TDI}. L1NA ES7� AVI50 A 5U POLIZA: �ste aviso es solo para praposita de informacion y no se convierte en par�e ❑ condicion def dacumenta adjunto. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102443 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes : 5 1. Summary of Work to be performed in accorda nce with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102443 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requir ements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102443 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102443 Revised July 1, 2011 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 102443 Revised July 1, 2011 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes : 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 19 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 – General Requirements 25 3. Section 33 12 25 – Connection to Existing Water Mains 26 27 1.2 REFERENCES 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 33 High Voltage Overhead Lines. 34 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 35 Specification 36 1.3 ADMINISTRATIVE REQUIREMENTS 37 A. Coordination with the Texas Department of Transportation 38 1. When work in the right-of-way which is under the jurisdiction of the Texas 39 Department of Transportation (TxDOT): 40 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 a. Notify the Texas Department of Transportation prior to commencing any work 1 therein in accordance with the provisions of the permit 2 b. All work performed in the TxDOT right-of-way shall be performed in 3 compliance with and subject to approval from the Texas Department of 4 Transportation 5 B. Work near High Voltage Lines 6 1. Regulatory Requirements 7 a. All Work near High Voltage Lines (more than 600 volts measured between 8 conductors or between a conductor and the ground) shall be in accordance with 9 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 10 2. Warning sign 11 a. Provide sign of sufficient size meeting all OSHA requirements. 12 3. Equipment operating within 10 feet of high voltage lines will require the following 13 safety features 14 a. Insulating cage-type of guard about the boom or arm 15 b. Insulator links on the lift hook connections for back hoes or dippers 16 c. Equipment must meet the safety requirements as set forth by OSHA and the 17 safety requirements of the owner of the high voltage lines 18 4. Work within 6 feet of high voltage electric lines 19 a. Notification shall be given to: 20 1) The power company (example: ONCOR) 21 a) Maintain an accurate log of all such calls to power company and record 22 action taken in each case. 23 b. Coordination with power company 24 1) After notification coordinate with the power company to: 25 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 26 lower the lines 27 c. No personnel may work within 6 feet of a high voltage line before the above 28 requirements have been met. 29 C. Confined Space Entry Program 30 1. Provide and follow approved Confined Space Entry Program in accordance with 31 OSHA requirements. 32 2. Confined Spaces include: 33 a. Manholes 34 b. All other confined spaces in accordance with OSHA’s Permit Required for 35 Confined Spaces 36 D. Use of Explosives, Drop Weight, Etc. 37 1. When Contract Documents permit on the project the following will apply: 38 a. Public Notification 39 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 40 prior to commencing. 41 2) Minimum 24 hour public notification in accordance with Section 01 31 13 42 E. Water Department Coordination 43 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 1. During the construction of this project, it will be necessary to deactivate, for a 1 period of time, existing lines. The Contractor shall be required to coordinate with 2 the Water Department to determine the best times for deactivating and activating 3 those lines. 4 2. Coordinate any event that will require connecting to or the operation of an existing 5 City water line system with the City’s representative. 6 a. Coordination shall be in accordance with Section 33 12 25. 7 b. If needed, obtain a hydrant water meter from the Water Department for use 8 during the life of named project. 9 c. In the event that a water valve on an existing live system be turned off and on 10 to accommodate the construction of the project is required, coordinate this 11 activity through the appropriate City representative. 12 1) Do not operate water line valves of existing water system. 13 a) Failure to comply will render the Contractor in violation of Texas Penal 14 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 15 will be prosecuted to the full extent of the law. 16 b) In addition, the Contractor will assume all liabilities and 17 responsibilities as a result of these actions. 18 F. Public Notification Prior to Beginning Construction 19 1. Prior to beginning construction on any block in the project, on a block by block 20 basis, prepare and deliver a notice or flyer of the pending construction to the front 21 door of each residence or business that will be impacted by construction. The notice 22 shall be prepared as follows: 23 a. Post notice or flyer 7 days prior to beginning any construction activity on each 24 block in the project area. 25 1) Prepare flyer on the C ontractor’s letterhead and include the following 26 information: 27 a) Name of Project 28 b) City Project No (CPN) 29 c) Scope of Project (i.e. type of construction activity) 30 d) Actual construction duration within the block 31 e) Name of the contractor’s foreman and phone number 32 f) Name of the City’s inspector and phone number 33 g) City’s after-hours phone number 34 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 35 A. 36 3) Submit schedule showing the construction start and finish time for each 37 block of the project to the inspector. 38 4) Deliver flyer to the City Inspector for review prior to distribution. 39 b. No construction will be allowed to begin on any block until the flyer is 40 delivered to all residents of the block. 41 G. Public Notification of Temporary Water Service Interruption during Construction 42 1. In the event it becomes necessary to temporarily shut down water service to 43 residents or businesses during construction, prepare and deliver a notice or flyer of 44 the pending interruption to the front door of each affected resident. 45 2. Prepared notice as follows: 46 a. The notification or flyer shall be posted 24 hours prior to the temporary 47 interruption. 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 b. Prepare flyer on the contractor’s letterhead and include the following 1 information: 2 1) Name of the project 3 2) City Project Number 4 3) Date of the interruption of service 5 4) Period the interruption will take place 6 5) Name of the contractor’s foreman and phone number 7 6) Name of the Cit y’s inspector and phone number 8 c. A sample of the temporary water service interruption notification is attached as 9 Exhibit B. 10 d. Deliver a copy of the temporary interruption notification to the City inspector 11 for review prior to being distributed. 12 e. No interruption of water service can occur until the flyer has been delivered to 13 all affected residents and businesses. 14 f. Electronic versions of the sample flyers can be obtained from the Project 15 Construction Inspector. 16 H. Coordination with United States Army Corps of Engineers (USACE) 17 1. At locations in the Project where construction activities occur in areas where 18 USACE permits are required, meet all requirements set forth in each designated 19 permit. 20 I. Coordination within Railroad Permit Areas 21 1. At locations in the project where construction activities occur in areas where 22 railroad permits are required, meet all requirements set forth in each designated 23 railroad permit. This includes, but is not limited to, provisions for: 24 a. Flagmen 25 b. Inspectors 26 c. Safety training 27 d. Additional insurance 28 e. Insurance certificates 29 f. Other employees required to protect the right-of-way and property of the 30 Railroad Company from damage arising out of and/or from the construction of 31 the project. Proper utility clearance procedures shall be used in accordance 32 with the permit guidelines. 33 2. Obtain any supplemental information needed to comply with the railroad’s 34 requirements. 35 J. Dust Control 36 1. Use acceptable measures to control dust at the Site. 37 a. If water is used to control dust, capture and properly dispose of waste water. 38 b. If wet saw cutting is performed, capture and properly dispose of slurry. 39 K. Employee Parking 40 1. Provide parking for employees at locations approved by the City. 41 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 42 Construction Specification [if required for the project] 43 1. Comply with equipment, operational, reporting and enforcement requirements set 44 forth in NCTCOG’s Clean Construction Specification.} 45 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DAP City Project No. 102443 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102433 Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102433 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Hanna Ranch Two STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102443 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application